By MES Dispatch Staff
The Briefing
- Houston voters approved Proposition A, known as the Houston Freedom Act, in unofficial returns on Nov. 3.
- The charter amendment bars Houston police from requesting or executing search warrants that do not require officers to knock, announce their presence and wait at least 15 seconds before entering.
- It also makes enforcement of Class A and Class B misdemeanor marijuana possession the Houston Police Department’s lowest law enforcement priority and adds reporting requirements.
- The measure does not legalize marijuana or stop officers from enforcing state possession laws, Click2Houston reported.
- Mayor John Whitmire and Houston Police Officers’ Union President Douglas Griffith had argued HPD already rarely uses no-knock warrants and generally deprioritizes low-level marijuana cases.
HOUSTON — Houston voters approved a charter amendment that prohibits police from seeking or executing no-knock search warrants and makes low-level marijuana possession the department’s lowest enforcement priority, according to unofficial returns reported by Click2Houston.
Proposition A, also called the Houston Freedom Act, was placed on the ballot after the City Council voted in August, following a petition effort by Ground Game Texas that collected nearly 40,000 signatures. Early reported results showed about 72% support, according to one local outlet.
Under the amendment, officers may not request, execute or take part in warrants that do not require them to knock, announce and wait at least 15 seconds before entering. The measure also directs HPD to treat Class A and Class B misdemeanor marijuana possession as its lowest priority and sets reporting requirements. Marijuana remains illegal under Texas law, and the amendment does not prevent enforcement of state possession laws.
Scrutiny of no-knock warrants in Houston grew after the 2019 Harding Street raid, in which officers executed a warrant based on fabricated evidence, setting off a shootout that killed homeowners Dennis Tuttle and Rhogena Nicholas and wounded several officers, the Houston Chronicle reported. The case led to criminal proceedings, including a murder conviction for one officer and a guilty plea from another for falsifying a police report. After the raid, HPD required the police chief to personally approve each no-knock warrant; city records reviewed by the Chronicle showed none had been approved under that policy as of August.
Supporters said the measure would let officers focus on more serious crimes and reduce the risks of no-knock raids. Mayor John Whitmire said in September that personal marijuana use is not an HPD priority, and he and police union president Douglas Griffith argued before the election that the department already rarely uses no-knock warrants. Opponents raised concerns about operational restrictions and potential conflicts with state law, Click2Houston reported.
Both provisions appeared together on the ballot, so voters had to accept or reject them as a package. Questions remain about implementation and how the amendment interacts with state law.