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Expert breaks down what constitutes a 'no knock' warrant

"It's a strategic decision something the police decide. It is perfectly lawful and legal," said Ryan Gertz, a Beaumont attorney.

JASPER, Texas — The Jasper community is still trying to make sense of what happened inside Elvin Land's home. They had questions about what constitutes a "no knock" warrant, so 12News took those questions to an expert.

"It's a strategic decision something the police decide. it is perfectly lawful and legal," said Ryan Gertz, a Beaumont attorney.

Gertz examined the bodycam footage from the Jasper Police Department.

"I heard them outside one time say 'Jasper Police' then I heard 'get down, get down, go go go go' and they're all yelling at each other and it's chaos," said Gertz.

Gertz said residents are allowed to defend themselves inside their homes, even against police officers.

"There is a heighten level of proof that you'd have to bring to the table to claim self defense against a police officer. Part of that proof is where you expecting them were they in clearly marked uniforms," said Gertz.

Cities like Austin and San Antonio have banned the practice, but the specifics of the Jasper Police Department's "no knock" policy are not public.

"Have you been woken up at that time of morning and startled, the first thing you say, is please do that, because it scares you it alarms you. So I would just imagine that he was alarmed and feared for his life, I really do," said family friend Fredrick Renfro.

In 2023 state lawmakers introduced a bill that would impose "stricter" regulations on "no knock" warrants.

It passed in the House, but was ultimately struck down in the Senate.

"There are people who have serious murder warrants that are armed and dangerous and you know they're home and we surveyed their house for four days and I know no one is there, but you don't need to do his all the time," said Gertz.

Even still, family and friends of Elvin Land as well as the larger Jasper Community are pushing for change.

"When it comes to African American and the police department and police especially our white officers it's the same thing over and over," said a relative of Lands.

The family attorney Jonathan Goins says that the family plans to move forward with filing a wrong death and survival action lawsuit to hold all parties involved accountable.

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