SB 23-254

Abstract

Under current law, a court may only grant a no-knock search warrant under certain circumstances. The act adds a requirement that there is either probable cause for an arrest of a suspect or no-knock entry is necessary because of a credible threat to the life of any person including the executing officers. The act requires a peace officer executing a search warrant on a dwelling to: Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge authorizes execution at another time; Be readily identifiable as a law enforcement officer in uniform, wearing a visible law enforcement badge; Wear and activate a body-worn camera when entering a premises; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except when the court authorizes a no-knock warrant or if the circumstances known to the officer at the time provide a objectively reasonable basis that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself. The act requires a peace officer who makes a warrantless entry into a dwelling to: Wear and activate a body-worn camera when entering a premises for the purpose of enforcing the law; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because: An emergency threatens the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or The officer is in hot pursuit of a fleeing suspect. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)