Rear Guard

Risk v. Benefit: Nighttime/Early Morning Warrants

Written by Darin Dowe

One major element we seek during tactical operations, like search or arrest warrant service, is surprise. We have many options available to gain or regain the element of surprise: flashbangs, break and rake, multiple entries, etc. Another element we must have is recognition that we are the police. When we are not recognized as police, we have a problem.

Numerous incidents have occurred in which subjects were sleeping at night, were awakened by our knock and announce or the sound of our breach, and armed themselves. Many subjects have characterized their actions as being in defense of their home and family, stating that they weren’t aware it was the police who were entering. These actions have led to deadly force confrontations with police, resulting in both criminal and civil action.

The time of day and the necessity of breaching and entering at various times must be a part of the tactical plan. If intel indicates the subject is awake or open for business (dealing narcotics) during the service time, the team can serve the warrant. However, if it is all-quiet at 0400 hours, should we go?

Should we be entering at 0400 hours when the suspect may be sleeping, hoping for the element of surprise, or should we start by surrounding and calling out? If he fails to surrender, we can handle it like we would a barricade situation: isolate and contain, negotiate, deploy chemical agents, etc., with the breach and entry being the last option. Not all situations are the same, and we will not always breach and enter.

What is the cost of surprise? SWAT is good at stealth approach, fast breach and rapid entry, causing many to be surprised when confronted by SWAT. We need to consider one point: Are subjects fully aware we are the police? Are we able to articulate this? If not, they may have a defense if they have armed themselves and are shot or charged with a firearms violation.

Here is their defense: They were suddenly awakened and believed something sinister was happening. They armed themselves to defend their family, leading to a confrontation with police. How long do we need to knock and announce? What is reasonable? Reasonableness will vary based on the circumstances. Does the knock and announce need to be longer during “off time” hours?

Do we need to slow down and be more deliberate so the occupants know who we are? Can we do this safely? We can break and rake and make the verbal announcement from a second location, increasing our recognition. Another option may be to serve the warrant when the occupants are more likely to be awake.

An important issue will always be our safety. When entering a structure and confronting an armed individual, tactical operators may be required to use deadly force, depending on the subject’s compliance or non-compliance. The operator, of course, cannot hesitate to take action.

Lawyers in criminal and civil courts will argue that their clients did not know we were the police, alleging that we caused the deadly force encounter. In defense of our actions, we must have good answers to many questions: Could we have, or should we have, served the warrant during the day or at another time? If not, why not? Was our knock and announce long enough to wake the occupants and make it clear to them we were the police before and during our entry? Were our verbal commands concise and understandable? Were we wearing clearly visible insignia that made us immediately identifiable as law enforcement?

I am not saying we shouldn’t serve warrants at night. However, it should not be routine. Weigh the risk versus benefit against available intel. Consider all the options.

Lieutenant Darin D. Dowe is a 22-year veteran of the Broward Sheriff’s Office, Fla., a veteran SWAT operator, Tactical WMD program coordinator, a SWAT instructor in multiple disciplines and a former sniper. He also has a background in homeland security, investigations and patrol, and he is a frequent contributor to Tactical Response and LAW & ORDER. Dowe can be reached via e-mail at darin_dowe@sheriff.org.