FRANKFORT, Ky. (WDRB) -- A day after the Louisville Metro Council advanced an ordinance limiting "no-knock" search warrants, council President David James called on Kentucky lawmakers to consider similar restrictions statewide.
Speaking to the Kentucky legislature's interim public safety committee on Thursday, James noted that the "Breonna's Law" measure that cleared a Louisville council panel would only apply to the city's police force.
"They're dangerous. They're dangerous for police officers, and they're dangerous for citizens, alike," James said, referring to the warrants that don't require officers to announce their presence before entering. "And I believe they should only be used in the most extreme circumstances to protect life."
Undercover Louisville Metro Police narcotics officers used a no-knock warrant, approved by Jefferson Circuit Judge Mary Shaw, during an early morning raid on Breonna Taylor's apartment on March 13. Police shot and killed Taylor, a 26-year-old emergency room tech, inside her home.
The Metro Council's public safety committee approved the warrants ordinance Wednesday night in a unanimous vote. The full council is expected to consider it at its meeting June 11.
The measure is likely to pass, with 18 of the council's 26 members listed as co-sponsors. There is one Republican co-sponsor, council member Anthony Piagentini.
If approved, Louisville police could only obtain the warrants in cases of imminent threat of harm to themselves or civilians in instances of murder; hostage taking; kidnapping; terrorism; human trafficking; and sexual trafficking.
The warrants would have to be approved by the police chief and be carried out by a SWAT team.
Democrat David James, president of the Louisville Metro Council and interim chair of the West End Opportunity Partnership.
James told state lawmakers that Metro Louisville includes dozens of cities and independent police departments that wouldn't be bound by the Metro ordinance. But, he said, Kentucky lawmakers could create legislation that addresses the warrants across the state.
The House Democratic Caucus released a letter Thursday calling for the interim Joint Committee on Judiciary to review police tactics, such the use of “no-knock” warrants.
The letter urged Republican co-chairmen Rep. Jason Petrie and Sen. Whitney Westerfield to hold hearings that would focus on how to improve accountability and transparency in law enforcement. Democratic Reps. Joni Jenkins, Derrick Graham, and Angie Hatton signed the letter.
They suggested doing a deep-dive review of the warrants in Kentucky.
“Many members want to know how widespread the practice is,” the letter says, “how often such warrants are approved, what are the most common justifications for approving such warrants, which communities are most affected by such warrants, and whether there needs to be uniform state standards limiting the use of such warrants or banning them altogether.”
In his remarks to state lawmakers, James explained how the Breonna Taylor case in March has lead up to recent protests. Taylor was not the main target of the raid, which was seeking a drug suspect who didn't live at her apartment; nothing illegal was found there.
“There’s been a buildup of frustration, and anger, and hurt,” James paused, getting emotional, “and pain. So when all of these events occurred, there was an explosion of emotion finally.”
The council president questioned the leadership and tactics used during some of the protests that began last Thursday. James said he warned Mayor Greg Fischer's administration weeks in advance that protests could be a real possibility as the Taylor case started to build momentum.
The first protest, triggered by the release of 911 call audio, erupted with violence a week ago. James said the Louisville Metro Police Department was not ready, despite his warning.
“The police department had to drive all the way overnight to get more pepper balls and tear gas, because we were ill-prepared. Bad decision,” he said.
While the city was being “torn apart on live TV by provocateurs,” James said, officers were not allowed to effectively respond because of poor leadership choices.
“Our police department – along with Kentucky State Police, which the governor sent to assist them, because they were outnumbered the night before – were only allowed to arrest people who personally attacked them. They could not protect the property of others. They were not allowed to. And property was destroyed,” he said.
James said the city faces more than $1 million worth of damage from the destruction and looting.
LMPD has not responded to WDRB’s request for comment regarding these comments.
The House Democratic leaders wrote that in the midst of the “tragic events” in Louisville and across the nation, the committee has the opportunity to study the issues in depth during the interim and then be prepared for quick action in January or in the event of a special session.
James said the position the city is currently in cannot all be blamed solely on police officers.
“We have really good police officers,” he said. “But just like any profession, there are some bad police officers. Just like there are some bad councilmen and some bad legislators everywhere. But we also had a lot of bad leadership and policies in place that cause disruption and for people to be hurt.”
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