St. Paul PD: Mpls police requested no-knock warrant prior to Amir Locke shooting

(FOX 9) - After the shooting death of 22-year-old Amir Locke by the Minneapolis Police Department new questions have arisen about the processes behind "no-knock" search warrants in Minnesota. 

The Minneapolis SWAT team carried out a no-knock search warrant that led to the killing of Locke at 6:48 a.m. Wednesday morning, which is twelve minutes before Minnesota law says such warrants can be executed - unless a nighttime search is deemed necessary.

Minnesota law states, "a search warrant may be served only between the hours of 7 a.m. and 8 p.m. unless the court determines on the basis of facts stated in the affidavits that a nighttime search outside those hours is necessary to prevent the loss, destruction, or removal of objects of the search, or to protect the searchers or the public."

The practice is often used by law enforcement agencies to surprise suspects that might otherwise be confrontational or mitigate the risk of potential evidence destruction. Minnesota law requires police to outline why they cannot use a regular "knock and announce" warrant, and two high-ranking officials in the police agency must sign off on the application.

FOX 9’s Paul Blume confirmed St. Paul police initially requested a standard search warrant for its open murder investigation that led them to the Bolero apartment tower in downtown Minneapolis. But for MPD to join the operation, its personnel insisted on the no-knock warrant, according to Blume. 

St Paul's last no-knock warrant was executed in 2016, though they defer to local jurisdictions to determine entry tactics when investigations take them out of St. Paul.

In the wake of Locke’s death and public reaction, Minneapolis Jacob Frey imposed a moratorium on the request and execution of no-knock warrants in the city Friday evening. The order carved out an exemption allowing for no-knock warrants if there's an imminent threat and interim police chief Amelia Huffman approves.

While not an outright ban, Mayor Frey and former Minneapolis Police Chief Medaria Arradondo placed restrictions on "no-knock" warrants in November 2020, requiring officers to announce their presence before crossing the threshold of the residence. In a statement on the moratorium, Frey's office wrote: "Mayor Frey’s policy banning the execution of unannounced entries while serving no-knock warrants has been in effect since November 30, 2020. While investigators review this policy in the context of the killing of Amir Locke, the fact remains, Amir Locke was killed. For this reason, Mayor Frey has instituted a full moratorium on receiving or executing any no-knock warrants, announced and unannounced, until the policy can be reviewed by external experts."

"Mayor Frey’s policy banning the execution of unannounced entries while serving no-knock warrants has been in effect since November 30, 2020. While investigators review this policy in the context of the killing of Amir Locke, the fact remains, Amir Locke was killed. For this reason, Mayor Frey has instituted a full moratorium on receiving or executing any no-knock warrants, announced and unannounced, until the policy can be reviewed by external experts."

In his first public comments about the shooting, on Friday Gov. Tim Walz called for "further reform" to Minnesota's no-knock warrant law.

On Saturday, the Police Officers Federation of Minneapolis issued a statement saying, "Policing, particularly with a SWAT team, is a dangerous, high-stress profession where officers are forced to make important split-second decisions in defense of themselves and fellow officers, especially when weapons are involved. Weapons are drawn and used when officers are faced with significant safety threats. 

"This particular SWAT team was conducting a homicide-suspect search warrant, authorized by a judge, as part of an investigation of a violent crime. Officers were obviously prepared for a very dangerous and high-risk situation. During the event, as shown in the body-camera footage, Officer Hannemen quickly encountered [Amir] Locke who was armed with a handgun and made the decision to use deadly force. No officer goes into a dangerous setting like this wanting to use a weapon. That decision was not taken lightly, and the impact of the use of deadly force will affect these officers, their families, and the family of Amir Locke for the rest of their lives."