Guidance on No-Knock Warrants

When executing a search warrant at a private dwelling, federal agents are generally required to “knock and announce” their identity, authority, and purpose, and demand entry.  U.S. Const., amend. IV; 18 U.S.C. § 3109;

see Hudson v. Michigan

, 547 U.S. 586 (2006). Once that announcement is made, agents must wait a reasonable amount of time based on the totality of the circumstances to permit the occupant to open the door before making entry into the dwelling.

See United States v. Banks

, 540 U.S. 31 (2003).

The Supreme Court has recognized, however, that there are certain situations where it is not constitutionally necessary to “knock and announce” before entering a dwelling—namely, where the law enforcement officer has reasonable grounds to believe that knocking and announcing would create a threat of physical violence, likely result in destruction of evidence, or be futile.

See Hudson

, 547 U.S. at 589-90. These search warrants are often referred to as “no-knock” warrants.  Because of the risk posed to both law enforcement and civilians during the execution of “no knock” warrants, the Department of Justice recognizes it is important that this authority be exercised only in the most compelling circumstances.

Approval process.

Law enforcement officers of the Department of Justice

[

Footnote 1

] may seek judicial authorization to conduct a “no-knock” entry only if the officer has reasonable grounds at the time the warrant is sought that knocking and announcing law enforcement’s presence would create an imminent threat of physical violence to the officer and/or another person.

Prior to seeking judicial authorization for the “no knock” entry, the officer must first obtain approval from:

The Criminal Chief of the relevant U.S. Attorney’s Office or a Deputy Chief in a Main Justice litigating component; and

An Assistant Special Agent in Charge or Chief Deputy Marshal in the district

e would create an imminent threat of physical violence to the officer and/or another person.

Prior to seeking judicial authorization for the “no knock” entry, the officer must first obtain approval from:

The Criminal Chief of the relevant U.S. Attorney’s Office or a Deputy Chief in a Main Justice litigating component; and

An Assistant Special Agent in Charge or Chief Deputy Marshal in the district.

Once judicial authorization is obtained for the “no knock” warrant, law enforcement may proceed without “knocking and announcing” their presence unless they learn of facts that negate the circumstances that justified this Department policy exception to the “knock and announce” rule.

Exigent and Exceptional Circumstances

If an officer did not anticipate the need for a “no knock” entry at the time the warrant was sought, the officer may conduct a “no knock” entry only if exigent circumstances arise at the scene such that knocking and announcing law enforcement’s presence would create an imminent threat of physical violence to the officer and/or another person. If an officer relies on this “exigent circumstances” exception in executing the warrant, the officer or their supervisor shall:

Immediately notify their Special Agent in Charge or United States Marshal; and

Provide written notice to the United States Attorney or relevant Assistant Attorney General.

Should an exceptional circumstance arise (e.g., in a national security matter) where no imminent threat of physical violence is present, but an officer believes the evidence is so significant, and the risk of its destruction so pronounced, that a “no knock” entry is warranted, judicial authorization for a “no knock” warrant can be sought if:

Approval is first obtained from the head of the law enforcement component and the United States Attorney or relevant Assistant Attorney General; and

Notice is provided to the Office of the Deputy Attorney General.

ves the evidence is so significant, and the risk of its destruction so pronounced, that a “no knock” entry is warranted, judicial authorization for a “no knock” warrant can be sought if:

Approval is first obtained from the head of the law enforcement component and the United States Attorney or relevant Assistant Attorney General; and

Notice is provided to the Office of the Deputy Attorney General.

[

Footnote 1

] For the purposes of this Section, “law enforcement officers of the Department of Justice” includes any task force officer when that individual is acting under the authority of a Department law enforcement agency, including during federal task force operations.

[added January 2025]