The bill amends section 6 of the 1966 PA 189, which outlines the procedures for law enforcement officers executing search warrants. It introduces new provisions that require officers to announce their identity and purpose before attempting forcible entry into a residence, and to wait a reasonable period for admittance. If entry is denied after these steps, officers are permitted to break in if they believe there is imminent danger, if individuals at the location are aware of their presence, or if announcing their identity would hinder the investigation. Additionally, if officers are aware of such circumstances when applying for a warrant, they must include this information in their affidavit and seek authorization for entry without prior announcement.
The bill also stipulates that if authorization for entry without complying with the announcement requirement is granted, it must be executed between 8 a.m. and 6 p.m., unless otherwise specified. Furthermore, it mandates that officers must be in uniform or clearly identifiable as law enforcement during forcible entry. The definition of "reasonable period of time" is clarified to ensure that it allows occupants a fair chance to grant access while considering the potential for evidence destruction. The amendments aim to balance the need for effective law enforcement with the rights of individuals during warrant executions.
Statutes affected: Senate Introduced Bill: 780.656