HB 736

Abstract

Search warrants; execution. Changes the hours of execution of a search warrant for the search of any place of abode from the daytime hours between 8:00 a.m. and 5:00 p.m. to between 6:00 a.m. and 10:00 p.m.

Search warrants; execution. Provides thata law-enforcement officer may seek, execute, or participate in the execution of a no-knock warrant if authorized by a judge for goodcause shown by particularized facts. The bill also clarifies thata search warrant for any place of abode shall require that at leastone law-enforcement officer be recognizable and identifiable as auniformed law-enforcement officer and provide audible notice of hisauthority and purpose reasonably designed to be heard by the occupantsof such place to be searched prior to the execution of such searchwarrant. The bill changes the hours of execution of a search warrantfor the search of any place of abode from the daytime hours between8:00 a.m. and 5:00 p.m. to between 6:00 a.m. and 9:00 p.m. The billalso provides that a magistrate may authorize the execution of suchsearch warrant at another time as necessary for law-enforcement officersto obtain the objects or persons described in the warrant or in theinterest of public safety. Currently, a judge or a magistrate, ifa judge is not available, may authorize the execution of such searchwarrant at another time. The bill removes provisions stating thatany evidence obtained from a search warrant in violation of any ofthe execution requirements shall not be admitted into evidence forthe Commonwealth in any prosecution.