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 may not deprive individuals of equal protection under the law during such operations, with specific actions that could lead to liability including incompetence, knowingly violating the law, using excessive force, or engaging in reckless or negligent behavior.

Furthermore, if a lawsuit or investigation arises from such deprivations, the court is required to review the officer's actions and may determine that the officer is not eligible for qualified immunity. The bill also mandates a review of the training and procedures of the law enforcement agency involved, holding the agency liable if it is found to have inadequately prepared the officer for the situation. This legislative change aims to enhance accountability for law enforcement actions during no-knock warrant executions.

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