SB 1105 - This act modifies provisions relating to no-knock warrants. Under current law, officers may break open doors and enclosures to execute a warrant or other process for the arrest of any person. This act modifies these provisions to provide that any search warrant issued by a judge that does not require officers executing the warrant to knock may only be used if there is a reasonable suspicion that the suspect of a violent felony offense will escape or cause bodily harm to others.
Under current law, a search must be conducted in a reasonable manner. This act modifies this provision to provide that a search is not conducted in a reasonable manner if the search is conducted without the officer knocking and announcing his or her presence unless the officer has a reasonable suspicion that the suspect of a violent felony offense will escape or cause bodily harm to others. Additionally, this act provides that a warrant shall be invalid on its face if it authorizes or impliedly authorizes officers to execute the warrant without knocking unless the officer has a reasonable suspicion that the suspect of a violent felony offense will escape or cause bodily harm to others.
Finally, a person may make a motion at trial to suppress evidence if the search warrant was illegally executed, which includes if such warrant was executed without the officer knocking and providing notice of his or her authority and purpose.
This act is identical to provisions in SB 60 (2021).
MARY GRACE PRINGLE