HB 451

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that no law enforcement officer shall seek, execute, or participate in the execution of a no-knock search warrant. A search warrant authorized under this Section shall require that a law enforcement officer be recognizable and identifiable as a uniformed law enforcement officer and provide audible notice of his authority and purpose reasonably expected to be heard by occupants of the place to be searched prior to the execution of the search warrant. After entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing law enforcement officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched. Search warrants authorized under this section shall be executed only in the daytime unless: (1) a judge authorizes the execution of the search warrant at another time for good cause shown; or (2) the search warrant is for the withdrawal of blood. A search warrant for the withdrawal of blood may be executed at any time of day. A law enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time. Such reasonable efforts shall be documented in an affidavit and submitted to a judge when seeking the authorization. Any evidence obtained from a search warrant in violation of this subsection shall not be admitted into evidence for the State in any prosecution.