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This bugs me everytime I hear it and I can see both sides. As a detectives, I've written and executed close to 150 search warrants, mostly for drugs, in my time in the narc unit. I know the precautions I take and how I document the location where I'm going and the work I put into the investigations so I would truely like to know how these mistakes happen. I take great pains to positively identify my target. Still photos, property appraiser information, video, the whole 9 yards. Even if I'm not on the actual entry, I lead the entry team to the location as I know exactly where I'm going. Single family residences are one thing but apartments and rooming houses make me nervous so I take extra steps with these. After all, all apartments in a given complex look pretty much the same with the execption of the numbers on the door/mailbox and sometimes those numbers are non existant. I could envision hitting a wrong apartment. That is still no excuse, but I can see it happening.
As for what to do and how to tell it's really the cops coming in the door there is no easy answer. We generally deploy distraction devices (flash bangs) unless the situation dictates otherwise and since not many bad guys go to that length that could be a clue but short of that...what more can you do? You're suited up, marked with POLICE all over you and screaming that you're the cops and you have a warrant. I'm not sure what else can be done on our part as far as this goes. We usually do have a marked unit accompany us on warrants but you probably won't see it unless you happen to be up and look out the window.
I have to say that in the event a SWAT team hits your house, you comply and let it work itself out. Believe me, during the actual entry, no one is listening to protestations of innocence or that we have the wrong house. In our minds at that time, we're in the right place. Let the team get everything secured and things to calm down a notch. Rest assurred that any mistake will make itself apparent before long. Being right doesn't help if you're dead or injured so be smart and be cooperative. Once the mistake is realized, the PD will bend over backwards to make it right (as they should). Any way you cut it, a situation like this is just bad all the way around. It's up to everybody involved to minimize the damage in any way they can.
I've commented on the whole "no knock" thing before and as I've said, in FL, there is not such thing. NO judge I've ever met (State of Federal) will sign a warrant if you state that you want to enter without knocking/announcing. How long do you wait for an answer on a K&A? Depends on a ton of things and there is no set standard as each situation is different. You just have to justify your decision.
Hitting an indoor marijuana grow at 3:00 AM where none of the suspects have any history of violence will probably require a much longer K&A then if you were hitting a meth lab occuppied by known armed gang bangers at 4:00 PM. After all, people are probably sleeping at 0300 and it's pretty hard to destory a bunch of marijuana plants, grow lights and ballasts. It all comes down to safety and the percieved level of danger at the time based on the available information. That and common sense.
On a side note, I've always thought that it should be a crime for non LEO's to possess anything with POLICE/AGENT/SHERIFF on it but not all law makers seem to agree (at least in our area). Some stores sell POLICE shirts to whoever walks in so that complicates matters for everybody (us included). Unless the guy with the item actually portrays him/herself as a cop while wearing the item, there is generally nothing we can do. Of course, the situation at the time will dictate our response. I've just never seen any need for a non LEO to have something which may lead someone to believe that they are one. Such a person is either a wannabe, looking to cause trouble or just stupid. I for one wish Florida would change the law on this one
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