SB 1234 - Under current law, a search warrant may be conducted after the expiration time issued by a judge. This act repeals that provision. Additionally, this act provides that no arrest or search warrant shall be issued authorizing entry without notice unless:
• The court finds by clear and convincing evidence that the person subject to the warrant has a history of violent criminal activity or the offense alleged is a class A felony, domestic violence offense, kidnapping offense, sexually violent offense, or a felony offense involving a firearm;
• As established by facts specific to the case, giving notice prior to entry will endanger the life or safety of people on the premises or will result in the loss of evidence sought by the warrant;
• The law enforcement officer seeking the warrant has obtained the approval of his or her supervising officer;
• The law enforcement officer seeking the warrant discloses to the judge any other attempt to obtain a warrant authorizing entry without notice for the same premises or for the same individual; and
• The warrant authorizes the entry without notice only between 6 A.M. and 10 P.M., unless exigent circumstances exist and the court further finds by clear and convincing evidence that there are substantial risks to the safety of the person executing the warrant or the occupants of the premises.
A warrant issued under this act shall be executed by a law enforcement officer who:• Is equipped with body-worn cameras; and
• Is equipped with clearly visible insignia on the front and back of protective equipment that identifies the person as a law enforcement officer; and
• Has a certified or licensed paramedic or emergency medical technician present at the closest safe location to provide medical assistance, if needed.
MARY GRACE PRINGLE