NEW YORK (CBSNewYork) The ban, when police can enter without prior notice or knock on the door, has been the subject of much debate this year, and on Thursday, NYPD in response to criticism of recent incidents.
In March, police executed a ban at a house in Jamaica, Queens, searching for drugs and guns linked to the landlord’s nephew, who lives there.
Their search was only a small amount of marijuana. He was arrested, but the District Attorney dropped the charges.
The landlord said she was injured and criticized the police for the damage left.
“No drugs on sale here?” CBS2’s Alice Gainer asked.
“Never. Never,” said the landlord.
But NYPD Assistant Director Joe Kenny said, “Three cannabis purchases were made from this location.”
Neighbors complained about the drug and gun trade and her nephew, Andre Brown, had a long rap, which included carrying guns illegally, he added.
“And is currently on parole for a violent robbery, in which he stabbed his victim,” said Kenny.
In another March incident in Laurelton, Queens, police executed a ban at the home of a former editing worker, to find her boyfriend’s son.
She said he didn’t live there in years.
Police said cocaine was bought at home four times in January, February and March, adding that the boyfriend’s son had done three of them and was a famous gang member with many asset.
But he wasn’t there when they executed the order and they found nothing inside the house.
To get the restraining order, NYPD Commissioner Dermot Shea said, “You build the case, you gather evidence.”
The NYPD said the information was reviewed by NYPD executives. It was taken to the DA, then to a judge.
“I declined the ban without a restraining order,” said Ernest Hart, a former judge and current NYPD deputy commissioner for legal affairs. “The police department, the District Attorney’s office, they have to prove to the judge to the judge’s satisfaction that the restraining is warranted.”
By 2020, more than 1,800 search warranties have been made. Hundreds of guns and drugs have been discovered, but in 40 cases, they did not find what they were looking for. Of those 1,800 warrants, more than 1,400 bans.
A bill was introduced in New York state late last year to limit the ban not allowed except in the most severe cases involving suspected killers or terrorists.
“The purpose of the search warrant is to get rid of violent contraband on the street in an attempt to save the life of an innocent New Yorker,” said NYPD Department Director Rodney Harrison.
The mayor says he is reviewing policy with the NYPD.
In Laurelton’s case, the retired editing officer had two licensed shotguns. Her lawyers say the instructions state that police must make sure that residents of the house they are raiding are not licensed to possess guns.