POLICE CUT BACK ON NO-KNOCK RAIDS

Officers executed only 7 such warrants this year while awaiting new rules
after Mena's death

Denver police have cut back dramatically on no-knock raids in drug
investigations while awaiting new restrictions after the killing of Ismael
Mena.

Police executed only seven no-knock search warrants in narcotics
investigations this year through mid-April, according to Denver District
Court records. For the same period in 1999, police conducted at least 50
such raids.

Six of the seven no-knock raids this year took place before Mayor
Wellington Webb's acknowledgment Feb. 4 that police had killed an innocent
man when they entered Mena's house by mistake in a Sept. 29 drug raid.

The only no-knock drug warrant since then was served March 17 in the 3700
block of Alcott Street, court records show.

Police officials say they are using other methods in the war against drugs
and finding success. Among them: traffic stops, on-the-street tactics and
consent searches of suspected drug houses.

A Denver Rocky Mountain News analysis of search warrants used in drug cases
this year shows:

From Jan. 1 through mid-April, police executed 26 drug-related search
warrants, including two outside Denver's city limits, court records show.
Only seven were no-knock warrants. For the same period in 1999, police
executed 57 drug-related search warrants. At least 50 were no-knock raids.

Warrants for two no-knock searches this year don't appear to have been
carried out.

Drug search warrants in 2000 have been evenly distributed throughout the
city. A News analysis earlier this year found that no-knock drug raids in
1999 mostly targeted minority neighborhoods.

Mena, a Mexican national who was in the United States illegally, was shot
to death by a SWAT unit that had been sent to the wrong address.

Denver officer Joseph Bini has been charged with perjury for the search
warrant affidavit he filed. Bini has pleaded not guilty. He is suspended
without pay and faces up to six years in prison if convicted.

Police commanders say there has been no direct order to cut the use of the
hazardous tactic of no-knock raids. But they acknowledged that with the
increased attention following the Mena raid, officers may be turning to
other ways to combat drug trafficking.

"We have continued to do business as we did prior to all this scrutiny,"
said Armedia Gordon, chief of the criminal investigations division. "We're
cautious and basically feel we may be changing some procedures soon. No one
wants to make a mistake."

A law enforcement panel appointed by Webb in February is expected to make
recommendations for changes in no-knock raid policies in the next few weeks.

Police Chief Gerry Whitman said that since February, when the city
acknowledged the Mena killing had resulted from a raid on the wrong house,
training of street officers has helped improve the writing of search warrants.

"We've interjected the narcotics unit into the process," Whitman said.
Veteran drug officers now are involved in investigations conducted
primarily by street officers.

To obtain a search warrant, police officers prepare affidavits, outlining
their investigation and the reasons for authorizing a search. The
affidavits are presented to a judge for approval.

Recent affidavits generally contain more information than those Denver
police wrote last year.

Another recent change: Investigators more consistently are corroborating
tips from confidential informants by checking with other sources cited in
the affidavits.

Police documents filed in court also show that officers are turning from
search warrants to other tools in drug investigations.

John Costigan, commander of the vice and narcotics bureau, said that
officers are having success with so-called knock-and-talk searches. In that
tactic, officers visit the home of the suspect after conducting enough
investigation to believe drugs are inside.

Officers knock on the door, tell the resident they have received complaints
of drug dealing there and ask permission to search. Frequently, the person
authorizes the search and police uncover drugs.

If residents deny permission for a search, police sometimes arrest them on
outstanding warrants in other cases. A more traditional search warrant then
is obtained.

On other occasions, the target of the investigation is stopped on the
street by traffic officers and, if found with drugs, is arrested. Police
search the home later after obtaining a warrant.

Whitman said that a street officer answering a domestic violence call in
Avondale last week made one of the largest narcotics busts this year. The
woman in the case informed on her housemate during the arrest.

A large haul of cocaine was recovered along with $99,200 in suspected
drug-related cash.

Capt. John Costigan, commander of the vice and narcotics bureau, said he
thinks police have conducted more no-knock raids than court records reflect.

"I would be genuinely surprised if we didn't have any no-knock warrants in
March," he said. The no-knock raid on Alcott Street was initiated by a
neighborhood patrol officer rather than the narcotics bureau.

Contact Kevin Flynn at (303) 892-5247 or flynnk@RockyMountainNews.com.