What would you do?

Shannon Bohrer

(11/2020) On March 13, in Louisville Kentucky, three plainclothes police officers, entered a private residence just before 1 a.m. and shot and killed 26-year-old Breonna Taylor. Ms. Taylor’s boyfriend, Kenneth Walker, believed they were being robbed so he called the police to report a crime, reporting that someone was breaking in the residence. He also used his legal and registered handgun to shoot at the intruders, which were the police. The officers, being shot at, returned fire, which resulted in the shooting and death of Ms. Taylor.

The officers were reportedly serving a ‘no-knock’ warrant, they were in plain cloths and they were looking to arrest an individual that was already incarcerated. It was reported that the police believed that Ms. Taylor was the girlfriend of the suspect, the one that was already in custody. No drugs or other contraband was found in the residence.

Ms. Taylor’s death resulted in demonstrations in Louisville and around the country. The city police department was slow to release information, saying it was an ongoing investigation. Even when information was released much of what was reported as not accurate.

A grand Jury was convened to investigate the shooting. On September 23, the Kentucky Attorney General Daniel Cameron said the grand jury found that the officers were "justified in returning deadly fire", because they were being fired upon. If someone shoots at you, you can return fire. The officers were there legally, serving a warrant. One officer that fired rounds that entered a neighboring apartment, was charged with a crime, unrelated to the shooting of Ms. Taylor.

This is a very controversial case that will continue to be reexamined and re-investigated. It took over seven months for a grand jury ruling and we still do not have all the facts. Some of the facts we do have are disconcerting. Initially the police said they identified themselves before entering the residence. This was refuted by neighbors and Mr. Walker. Only then did the police say they were executing a "no-knock" warrant, which would allow the officers to enter without identifying themselves. Later, they said that even with the no knock warrant, they identified themselves. "The [initial] police report stated that Taylor had no injuries, even though she died from gunshot wounds. It also stated that no forced entry occurred, even though the officers had used a battering ram." When questioned about the discrepancies, the "police department said that technical errors led to a malformed report."

When the actions of police officers’ results in a death, and even when it does not, it should be expected that the investigation(s), official reports, and any press releases – be factual and accurate. When government statements are misleading, because pertinent facts are missing, or when alternative facts like" no injuries" or "no forced" entry occurred, what is the public to believe? Police reports and statements should not be a multiple-choice question, with multiple answers.

The Attorney Generals press briefing on the grand jury results, included information that one witness said the police did identify themselves. Independent investigations by the press and private investigators concluded that eleven other witnesses said - they heard nothing. According to Mr. Walker, when the incident occurred, Breonna was startled with the noise and called out to the officers, (saying something like, who is there?). She called out several times but received no response.

This case is contentious, because most people support the police, and the same people support the right of citizens to protect their home. The grand jury decision(s) did not resolve the issues but created more controversies, and questions. The idea that the police exist to protect and serve does not align with this outcome, where a citizen that committed no crime was killed.

Since the shooting, there have been proposed revisions to police policy, like banning no knock warrants. While banning no knock warrants seems appropriate, that does not eliminate the conditions that contributed to Ms. Taylor’s death. It is very possible that both the officers and Breonna called out but were not heard. Under stressful conditions, which included the noise from a battering ram, people can be so focused on what they see that they experience auditory exclusion. The exclusion is a temporary loss of hearing, often associated with high stress events.

The obvious facts not being addressed are the three officers, not in uniform, serving a search warrant at a private residence after midnight. While the officers had the legal right to be there (providing the warrant was legally obtained) the officers placed themselves in a position to be misidentified. We do not know if the same results would have occurred if the officers were in uniform, but we can say that the probability of identical results would be greatly reduced.

Officers have the legal right to use deadly force when an officer or citizen is in immediate danger and the danger could result in the loss of life. While these circumstances exist, there have been instances when officers have placed themselves in danger and their right to use deadly force has been questioned. An example would be when an officer intentionally steps in front of a moving vehicle, then shoots at the vehicle, saying that his/her life was in danger. Under normal circumstances, officers are prohibited from placing themselves in front of the vehicle; thereby creating the danger that allows them to use deadly force.

If you are home around one a.m., you hear noises outside your front door (people trying to gain entry) what would be an appropriate response? If you had a video doorbell and you saw three men, not in any uniforms and all displaying firearms, trying to enter your residence - what would you do? Under these described circumstances, if one shoots and kills a person trying to enter their home, would they be charged with homicide? If Mr. Walker had shot and killed all three officers, would he have been charged? Under this scenario if Mr. Walker did shoot and kill all three officers and he was not charged, would the public protest?

This case may be over, but the circumstances and facts that created it are not. The fourth amendment says that "The right of the people to be secure in their person, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." If officers executing a search warrant do so not in uniforms, but in plain clothing, after midnight, is that reasonable?

Passing a law that forbids no-knock warrants is only addressing a symptom of the problem. How the government upholds and protects your rights under the fourth amendment, without putting someone in circumstances that could result in injury or death, for both the citizens and the police, is the question.