Are Warrantless Searches Incompatible With Second Amendment Protections?

The issue of the risks of warrantless or no-knock raids in a nation where the right to armed self-defense exists has come up before; most recently and notably in the death of Breonna Taylor in Louisville, Kentucky. When police entered her home, Taylor and her boyfriend believed that burglars were breaking in, and Taylor’s boyfriend fired a shot in response to who he thought were intruders. Taylor was killed in the volley of gunfire that Louisville police fired in return, and officer Brett Hankison was found guilty of depriving Taylor of her civil rights by using excessive force.

Whatever you think about the outcome of the criminal charges (or lack thereof) filed against the police officers who conducted the raid, it still highlights the fact that gun owners may very well believe that they’re the victim of a home invasion when a no-knock raid is taking place, and act in what they reasonably believe is armed self-defense. 

At the Los Angeles Times, law professors John Aloysius Cogan Jr. and Miguel F. P. de Figueiredo argue that U.S. Immigration and Customs Enforcement are conducting warrantless raids of homes in search of illegal immigrants, and warn that it’s a recipe for disaster. 

In a March memorandum, U.S. Atty. Gen. Pam Bondi, relying on the obscure Alien Enemies Act of 1798, asserted that federal agents can enter homes without a judicial warrant.

First: This is preposterous. The Trump administration cannot bypass basic constitutional protections merely by issuing a memorandum.

Second: It’s also reckless. This tactic puts federal agents, residents and bystanders at risk for Wild West-style shootouts, especially because state laws protect residents from prosecution when they use deadly force to defend their homes. To avoid needless bloodshed, these warrantless raids must end now. 

You can read Bondi’s memo here. While it’s not as simple and straightforward as the law professors make it out to be, it’s true that Bondi has authorized the use of warrantless raids in some circumstances… and I agree with the attorneys that those raids increase the odds of law enforcement and the residents of those homes engaging in armed combat. 

We need to be clear. We are neither challenging nor advocating the Trump administration’s prerogative to enforce the nation’s immigration laws. We also strongly oppose the use of violence against ICE agents. Those whose households are illegally invaded by ICE should seek relief from the courts, not through the barrel of a gun. We are, however, quite fearful that the current home-invasion tactic used by ICE will eventually provoke an armed and deadly response from a lawfully armed resident — a response that state law may allow.

State laws aren’t going to erase the right of residents to defend themselves in their homes. Gun owners aren’t going to set their weapons aside when masked and unidentified strangers break in and try to abduct them. There is only one way to quickly and effectively end the risks posed by these dangerous federal immigration enforcement tactics: End warrantless ICE raids now.

Without taking a position on the constitutionality of Bondi’s order, I’d say that it’s not the warrantless aspect of these raids that increases the risk of a gun owner mistaking law enforcement for an intruder. It’s the unannounced nature of these raids. If ICE agents identify themselves and give residents time to respond accordingly, that makes cases of mistaken identify much less likely. 

Even if ICE suspects that an illegal immigrant who belongs to the Venezueland gang Tren de Aragua is hiding out in a home, there may very well be U.S. citizens or green card holders who can legally possess and use firearms inside as well. For the safety of both ICE agents and the subjects of their searches, it makes sense to require that law enforcement announce their presence before they go busting down any doors. As the law professors say, gun owners aren’t just going to assume that masked and unidentified strangers breaking into their homes are police there to enforce the law. If someone kicks in your door at midnight, it’s reasonable to assume they’re there to do you harm and for you to act to protect yourself and your family. 

A policy requiring ICE agents to identify themselves isn’t about getting soft on illegal immigrant gang members. I’d argue it’s simply the best practice for all law enforcement agencies in a country with tens of millions of gun owners and the constitutionally sanctioned right of self-defense.   

Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.

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