This bill amends the Code of West Virginia to remove qualified immunity for law enforcement officers who serve no-knock warrants if they are found to have used excessive force or acted negligently. The new provisions specify that while executing a search warrant, officers must provide notice of their authority and purpose before attempting forcible entry into a dwelling. Additionally, the bill outlines that officers cannot deprive individuals of equal protection under the law during such operations, with specific actions that would constitute a violation, including using excessive force or engaging in reckless behavior.

Furthermore, the bill mandates that if a lawsuit or investigation arises from such deprivations, the court must review the officer's actions and the training provided by their agency. If the court determines that the officer is not eligible for qualified immunity due to their actions, the agency may also be held liable if it is found to have inadequately prepared the officer for the situation. This legislative change aims to enhance accountability for law enforcement practices related to no-knock warrants and ensure that proper training and procedures are in place.

Statutes affected:
Introduced Version: 62-1A-5