Search Warrant Procedures

Under current law, a court may only grant a no-knock search warrant under certain circumstances. The bill adds to those circumstances a requirement that there is either probable cause for an arrest of a suspect or no-knock entry is necessary because of an imminent danger a credible threat to the life of any person including the executing officers.

The bill requires a peace officer executing a search warrant to:

• Execute the warrant between the hours of 9 7 a.m. and 7 p.m. unless the judge authorizes execution at another time;
• Be readily identifiable as a law enforcement officer in uniform, wearing a visible law enforcement badge;
• Wear and activate a body-worn camera when entering a premises for the purpose of executing a search warrant; and
• Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except when the court authorizes a no-knock warrant or if the circumstances known to the officer at the time provide a objectively reasonable basis that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself.

The bill requires a peace officer who makes a warrantless entry into a dwelling to:

• Wear and activate a body-worn camera when entering a premises for the purpose of enforcing the law; and
• Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because:
• Of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or
• The officer is engaged in hot pursuit of a fleeing suspect.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)