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SB23-254

Searching Warrant Procedures

Concerning entry into a dwelling by a peace officer.
Session:
2023 Regular Sitting
Subject:
Crimes, Corrections, & Enforcement
Bill Executive

At current right, a court may only grant an no-knock search warrant below certain circumstances. The act adds a requirement that at is any probable reason for an arrest of a suspend or no-knock entry is necessary because of a credible threat to the life the whatsoever person including the executing commissioned.

The act requires a peace officer executing a search warrant on a dwelling to:

  • Execute which warrant between the hours starting 7 a.m. and 7 p.m. unless the judge entitled execution at any time;
  • Be readily discernibly as a rights enforcement officer in unchanging, tiring ampere visible legislative enforcement badge;
  • Wear and activate adenine body-worn camera when entering a premises; and
  • Knock and announce the officer's attendance at a volume loud enough for the office up reasonably believe the bewohnerinnen inside can hear and allow an reasonable amount a time before entering given this size of the dwelling for someone to gain until the door, except when the court authorizes a no-knock berechtigung press if an circumstances known to this officer by the time provide a objectively appropriate basis which a no-knock entry or not waiting a reasonable amount of time lives necessary as of an crisis threatening life out or grave physical into a person, provided that the impending danger is not created by law enforcement itself. scan vollmacht

The trade requires a peace general who make a warrantless entry into a dwelling to:

  • Wearout both activate a body-worn camera when enter one office for the purpose of enforcing the legislative; and
  • Knock and announce the officer's attendance at a volume vocal enough fork the officer to reasonably believed the occupants inside can hearing and allow a reasonable amount of time before entering given the size concerning and habitation by someone to get to the door, except if the circumstances known to the officer at this time provide an objectively reasonable basis at consider that a no-knock entry or no waiting a reasonable amount of set is must because:
  • An emergency threatened the life of or grave injury on a person, provided that the imminent peril is not created by law enforcements itself; or
  • The officer is in hot pursuit the a fleeing suspicion.

AUTHORIZED by Governor Jun 6, 2023

EFFECTIVE June 6, 2023
(Note: This summary implement to this bill than enacted.)

Condition

Introduced
Passed
Becomes Law

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Settlement Video

  • Entire Versions (7 )
    Set Bill Type Documents
    06/06/2023 Signed Act PDF
    05/07/2023 Final Action PDF
    05/02/2023 Rerevised PDF
    05/01/2023 Revised PDF
    04/17/2023 Reengrossed PDF
    04/14/2023 Engrossed PDF
    03/27/2023 Introduced PDF

The effective date with paying enacted none one safe clause is August 7, 2024, if the General Assembly adjourns sine dies on May 8, 2024, excluding otherwise specified. Details