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1 1 (June 23, 2020)

handle is hein.crs/govdjzy0001 and id is 1 raw text is: No-Knock Warrants and Other Law Enforcement Identification Considerations June 23, 2020 In the wake of protests over the death of George Floyd while in police custody, some Members of Congress have expressed interest in passing legislation that would alter the policing practices of federal, state, and local law enforcement officers. One set of practices addressed in recently introduced reform legislation concerns law enforcement identification. The issue has arisen in at least two recent contexts. First, reports of federal law enforcement officers responding to protest activity without displaying badges or other identifying information have prompted questions about whether police may forego such identification when acting in an official capacity in public. Second, questions have arisen as to when officers are required to identify themselves before entering a home when executing a search warrant. An issue of particular focus in this context has been so-called no-knock warrants-that is, warrants that permit law enforcement officers to enter a home without the need to identify their authority and purpose beforehand. In one case that has received renewed attention, a Louisville woman named Breonna Taylor was shot and killed in her home by police during execution of such a warrant. Given congressional interest and legislation that has recenty been introduced on both fronts, this Legal Sidebar provides an overview of law enforcement identification issues in the context of (1) public identification and (2) identification prior to execution of a warrant. This Sidebar additionally considers how severalbills in the 116th Congress could alter practices on both fronts. Public Identification of Law Enforcement Officers Overview According to various reports, certain federal law enforcement officers at recent protests did not wear badges or nameplates and, in some cases, refused to identify themselves when asked. The presence of unidentified law enforcement officers has raised the question of when, if ever, police must identify themselves in public. The answer to that question, however, will depend on the jurisdiction in which the officer operates and, potentially, the agency or department at issue. At the federal level, there is no generally applicable requirement in statute that federal law enforcement officers identify themselves or display identifying information on their person when acting in public. Additionally, although individual agencies could have identification requirements through regulation, it appears that most do not. Whether Congressional Research Service https://crsreports.congress.gov LSB10499 CRS Lega i&sebar Prepa red.r M- :embersand C o m m ; .. e e s o f Cen go loC o ---------------.. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------..........