SPONSOR: Dogan
This bill relates to search warrant procedures. In its main provisions the bill:
(1) Requires that "no knock" search warrants of all types be issued only with reasonable suspicion that the perpetrator of a violent felony offense will escape or cause bodily harm to others;
(2) Stipulates that searches are not reasonable if conducted without notice of purpose and authority by a peace officer unless the officer has a reasonable suspicion that the perpetrator of a violent felony offense will escape or cause bodily harm to others;
(3) Declares that warrants authorizing searches in contradiction to the aforementioned requirements are invalid on their face and may be used only with notice of authority and purpose unless the peace officer has a reasonable suspicion that the perpetrator of a violent felony offense will escape or cause bodily harm to others;
(4) Authorizes a motion to dismiss in cases where an invalid warrant is used or a search is conducted in violation of the requirement that there is a reasonable suspicion that the perpetrator of a violent felony offense will escape or cause bodily harm to others.
This bill has an emergency clause.
This bill is similar to HB 41 and SB 16 (2020).
Statutes affected: