After raid that killed Breonna Taylor, council proposal would limit 'no-knock' warrants

LOUISVILLE, Ky. (WDRB) -- A new Metro Council ordinance would severely limit the type of search warrant LMPD used in a controversial raid that killed a former EMT and sparked questions from civil rights advocates across the nation.

Councilmember Barbara Sexton Smith, D-4, and a colleague are proposing a measure that would restrict 'no-knock' search warrants.

That type of warrant was used during the March 13 raid on a home near Pleasure Ridge Park that attorneys say LMPD botched. In it, an officer was shot, a man was arrested for shooting at the officers and Breonna Taylor was killed.

The officers, according to the lawsuit filed against them on behalf of Taylor's family, "blindly fired" into her apartment, spraying bullets into Taylor's house and neighboring apartments "with a total disregard for the value of human life." Taylor, 26, was shot eight times.

Kenneth Walker and Breonna Taylor — Kenneth Walker, right, and Breonna Taylor

Kenneth Walker, the man originally charged until his case was later dismissed, thought he and Taylor were being robbed, according to his attorney, and fired at officers when they rushed in, hitting one of the three LMPD officers in the leg. Walker had been charged with attempted murder.

Even though they applied for a 'no-knock' warrant, officers say they knocked and announced themselves during the raid. However, multiple neighbors tell WDRB News they didn't hear those announcements.

While the newly-proposed ordinance wouldn't ban 'no-knock' search warrants outright, it would limit them to the most extreme circumstances, said Sexton Smith.

"What we've done is we've rushed to get the conversation started, but now it's time to get the legislation right," she said.

Barbara Sexton Smith.jpg — Councilwoman Barbara Sexton Smith, D-4.

Under the current draft of the ordinance, the officer would have to fill out a 'Warrant Application Form' detailing why the 'no-knock' warrant is necessary. The form would require the officer's signature and written approval from the SWAT Team commander or his or her supervisor and the chief of police.

"The chief of police is held accountable for what happens — good and bad — in the jurisdiction," Sexton Smith said.

Also, the proposed ordinance would bar 'no-knock' warrants from being used when the only crime alleged is drug possession, and trained SWAT officers would conduct the search warrants.

"And the reason that's important, SWAT receives additional training," Sexton Smith said.

Additionally, under the proposed ordinance, body cameras must be worn when search warrants are executed. Finally, LMPD must report 'no-knock' stats to Metro Council each quarter.

"There's not enough checks and balances, but worse, there's not enough data to back up and tell us where we are and what's working and what's not working," Sexton Smith said.

Community leaders like Frank Smith, the president of the Interdenominational Ministerial Coalition, thinks that plan is a good start.

"I commend the councilpersons for what they are doing," he said. "I'm very hopeful that this discussion will lead to change."

This photo from March 2020 shows a bullet hole near Taylor's window. (WDRB Photo)

LMPD hasn't yet reviewed the proposal so it can't yet comment, a spokesperson said.

However, River City FOP Lodge President Ryan Nichols said he doesn't have a problem with the current policy.

"When used properly, no-knock warrants can be a valuable tool for law enforcement," he said.

The ordinance will receive its first reading on Thursday. Sexton Smith imagines it'll evoke plenty of amendments and discussion over the next few weeks.

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