An ordinance banning no-knock warrants and pre-dawn raids in the city of Mobile is on the agenda for the Mobile City Council Tuesday.
Following a deadly officer-involved shooting in November, Mayor Sandy Stimpson ordered an immediate ban on pre-dawn search warrants except for cases where needed to protect human life.
The proposed ban states, "No law enforcement personnel employed by the City of Mobile shall seek, execute, or participate in the execution of a no-knock warrant at any location within the boundaries of the City of Mobile" and "No law enforcement personnel employed by the City of Mobile shall authorize or perform a pre-dawn raid."
The vote on the new ordinance was postponed in December over questions of legality. The Zoghby Act gave Mobile's government-specific roles and authority, and some legal experts say banning places could violate the act. Some council members suggested asking the Alabama Attorney General's Office for an opinion.
Now that the matter is being brought up again, Mobile Police Chief Paul Prine said he wanted to know if the council had the authority to vote on the ordinance.
"On Tuesday, March 5, 2024, the Mobile City Council will convene to further deliberate on the use of 'no-knock' and 'pre-dawn' operations by the Mobile Police Department," MPD stated in a press release. "This follows constructive dialogues with the council and the administration, where a mutual understanding was reached to reconsider these practices in the spirit of collaboration and community trust. Chief Prine seeks clarification on the legal framework that permits the council to modify the guidelines surrounding 'no-knock' and 'pre-dawn' operations."
The ordinance would still allow for exceptions in limited circumstances following the approval of the chief of police and the director of public safety. In those situations, there would have to be probable cause to believe there is a risk of injury to law enforcement or citizens and that there is felony activity at the location.
Police already operate off these exceptions when authorizing and executing search warrants. A judge signs off on search warrants before entry is made on any premise.
Another part of the proposed changes was passed in January when the city council approved an ordinance making it a citywide policy to release body-worn camera footage to those who go through the proper request process. There are exceptions to that ordinance as well, such as video protected by a grand jury investigation.
Police policy typically comes from within the department, and the discussions to forego that process have led some to ask if the city is overstepping its authority. Stimpson has maintained that the city has an active working relationship with the police department and that the ordinances are not to overstep but to ensure future police administrations maintain the citywide policies.
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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