This bill amends the existing law regarding the requisites for a criminal search warrant, specifically addressing the use of no-knock search warrants by law enforcement officers. A no-knock search warrant is defined as a warrant that allows officers to enter premises without first knocking or announcing their presence. The bill stipulates that officers must be identifiable as law enforcement and must provide audible notice of their authority and purpose before executing a search warrant, except when a no-knock warrant is used. Evidence obtained in violation of this requirement is not admissible in state prosecutions. However, the bill outlines specific circumstances under which a no-knock warrant may be granted: if knocking and announcing would pose an imminent threat of physical injury, if exigent circumstances at the scene justify a no-knock entry, or in exceptional cases such as human trafficking where evidence could be destroyed.

The bill requires that before seeking a no-knock warrant, an officer must obtain written approval from the chief law enforcement officer or their designee, and a timely report of the use of any no-knock warrants must be made to the county attorney and attorney general, becoming public record once the warrant is returned to the court. Judicial authorization for a no-knock warrant may also be sought in cases where evidence is at significant risk of destruction, provided that approval is obtained from the chief law enforcement officer and the county attorney or attorney general. The act will take effect 60 days after its passage, with an effective date of September 10, 2024.

Statutes affected:
As Amended by the Senate: 595-A:2
As Amended by the Senate (2nd): 595-A:2
Version adopted by both bodies: 595-A:2
CHAPTERED FINAL VERSION: 595-A:2