And there’s this on the raids:
Experts in law enforcement have said it is difficult to judge the accuracy of published statements about the raids because the prosecutors and police are under a John Doe secrecy order and barred from telling their side of the story. And the John Doe targets haven’t challenged the legality of the raids in court, so prosecutors haven’t had a formal opportunity to respond.
But there are indications that the raids may not have been conducted differently from searches seeking evidence against lower profile individuals.
A command officer for the Dane County Sheriff’s Office said it isn’t uncommon for police to tell residents they can’t immediately make phone calls during a raid.
If a series of searches is taking place, suspects could use the phone to warn others to flee or destroy evidence, said Capt. Jeff Teuscher. In any event, officers might want to make sure they had secured the premises before allowing individuals to move freely or make phone calls, Teuscher said. In contrast, the questioning of a suspect in custody ends as soon as a call to an attorney is requested, Teuscher said.
Jeff Nichols, a Madison attorney who handles criminal defense cases, said that once a court has issued a search warrant and a raid has commenced, it is highly unlikely that a call to a lawyer could make a difference. Any challenge would be made later and the remedy might be that evidence couldn’t be used in court, Nichols said.
Donald Downs, a UW-Madison professor emeritus in political science and constitutional law said no-knock raids are generally justified when a less forceful entry would legitimately pose a danger that evidence would be destroyed, suspects would flee, officer safety would be compromised or the investigation undermined.