Disinformation Campaign Misleads Media, Public
After studying the three no-knock bills, it is apparent that there is a massive disinformation campaign of myths behind them. Bill sponsors claim that no-knock searches are legal in Georgia, h owever, the clear plain text of O.C.G.A. 17-5-27 requires officers to give "good faith verbal notice of intent" describing their "authority and purpose" before executing a search warrant.
Sponsors justify their argument that no-knock searches have been legalized in case law, by referencing to two court rulings that have each made an exception for a specific case. Case law applies only to rulings in specific cases. There is no provision in the Georgia Constitution for the judicial branch to create legislation. That power is granted solely to the General Assembly. Judges can interpret law for a case but a Judge cannot override a Georgia law unless the judge declares it unconstitutional.
Bill sponsors claim the bills will place restrictions on no-knock searches but the bills actually remove the ultimate restriction by attempting to legalize them. Sponsors also assert that the bills will reduce the number of no-knock searches but it is obvious that legalization will increase, not decrease, the number. Thus, the public is being enticed to support the bills based on claims that the bills add controls on no-knock search warrants when the bills actually lower the standard to obtain no-knock search warrants.
The Hidden Agenda to Eliminate Criminal Liability
Some legislators insist that they have no alternative other than to legalize no--knock search warrants but there are a variety of restrictions that legislators could place into the code to protect Georgia citizens. For example they could:
- Precisely define the conditions of a good faith verbal notice of intent to search
- Create penal statues for law enforcement officers who execute illegal search warrants
- Exclude any evidence collected in an illegal search from being used at a trial
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