ORANGE — The town’s police chief came before the Selectboard on Wednesday to discuss no-knock warrants and their use after one member expressed continued concern about the controversial police tactic.
Chief James Sullivan said a police reform bill signed into law by Gov. Charlie Baker late last year requires no-knock warrants to be issued by a judge and only after authorities have articulated probable cause to believe a particular individual is armed and dangerous and would be a threat to officers’ safety if a police presence was announced. Sullivan said authorities must also prove there are no minors or people ages 65 or older in the home, though the state’s website mentions there is an exception when those children or older adults are themselves at risk of harm.
“There are situations where we can apply for a no-knock search warrant. Every other search warrant, we have to knock and announce,” the chief said, adding that someone on the other side of the door is handed a copy of the warrant.
Sullivan said he joined the department in 2004 and three no-knock warrants have been issued during his tenure, all in more recent years. The most recent was two weeks ago, he said.
Selectboard member Richard Sheridan asked for this issue to be placed on a meeting agenda.
“For years, I’ve had problems with the fact that no-knock warrants even existed,” he said, adding that he feels they endanger the lives of police and civilians alike. He said breaking down someone’s door in the early morning hours is dangerous, especially if the person is armed.
Sheridan mentioned the case of a no-knock warrant executed in July 2013, when a 23-year-old man living in a Mechanic Street apartment was fatally shot after reportedly challenging the Massachusetts State Police Special Tactical Operations (STOP) Team with a gun.
“And I’m not saying that the police have done anything wrong in the one on Mechanic Street,” Sheridan said. “They exercised their training, they did it properly and whatever. The bottom line is, if it wasn’t for a no-knock warrant, would that kid still be alive? And the answer is yes. I don’t see any need for the no-knock warrant, especially in a town this size.”
Sheridan also said three no-knock warrants in roughly 10 years is excessive and he does not believe a good reason is to prevent someone from destroying evidence between the time police announce their presence and enter the home.
Sullivan was allowed a chance to respond.
“You don’t know the facts of the case on Mechanic Street and it’s awfully bold statements to make when you don’t know the facts. The reality of it is I can assure you that we don’t take no-knock warrants lightly in this town,” the chief said. “And we don’t do them to preserve evidence. That’s been taken away by this newest law, but we never did it to preserve evidence.”
Sullivan said a no-knock warrant is used if the targeted individual has made it abundantly clear they are not afraid to attack police.
“It’s not about the preservation of evidence,” Sullivan said. “It’s about the preservation of life.”
He also said there is a difference between a daytime warrant and a nighttime warrant, the later of which are executed between 10 p.m. and 6 a.m. and require specific circumstances.
Selectboard Clerk Pat Lussier defended Sullivan and his department.
“I don’t think it comes under the purview of this board to debate the issue. If (no-knock warrants) are legal in Massachusetts, that’s what the state of Massachusetts has decided, and I think we have hired Chief Sullivan to use his expertise and his judgment, and I don’t think … it’s up to us to question him or debate with him,” she said. “We place our confidence in him and he has demonstrated that he is up to the job and knows what he is doing — up, down, backwards and forwards. So, I don’t see any reason for this discussion to go any further.”
Vice Chair Thomas Smith told Sullivan he has absolute faith in him as a chief.
“And I thank you for what you do every single day. I have the utmost trust and respect in what you do,” he said, agreeing with Lussier that there was no reason to further discuss the issue.
“I’m the odd man out,” Sheridan said, before telling Sullivan he also has faith in him.
Selectboard Chair Jane Peirce told Sullivan he would leave Wednesday’s meeting with the board’s full confidence.
Reach Domenic Poli at: dpoli@recorder.com.