Bill > A4286

Introduced Session

This bill prohibits the issuance and execution of a "no-knock" warrant that is to be executed at a residence. A warrant typically requires officers to knock on the door and announce their authority and purpose before entering the premises. Under current law, a court may issue a "no-knock" warrant under certain circumstances if there is a reasonable, particularized suspicion that a no-knock entry is required to prevent the destruction of evidence, protect the officer's safety, or effectuate the arrest or seizure of evidence. In March 2020, Breonna Taylor, a 26-year-old emergency medical technician, was shot and killed by the Louisville Metro Police Department officers who were executing a no-knock warrant. Under the bill, prior to executing an arrest warrant at a residence or warrant authorizing a search and seizure at a residence, a law enforcement officer is required to knock on the door of the residence; clearly and verbally announce the officer's identity and reason for being there; and, absent exigent circumstances, wait a reasonable amount of time but not less than 30 seconds for occupants to answer the door, whichever is greater, before entering the premises. The bill further requires any arrest warrant that is to be executed at a residence or warrant authorizing a search and seizure at a residence to contain the requirements set forth in the bill. The provisions of the bill also modify the use of force by a law enforcement officer to effect an arrest. Under the bill, the use of force to effect an arrest pursuant to a warrant is not justifiable unless the warrant is valid or reasonably believed by the actor to be valid; and, if the warrant relates to an arrest at a residence or search and seizure of a residence, the officer executes the warrant in accordance with the provisions of the bill.

AI Summary

Committee Categories

Verlina Reynolds-Jackson (D)*,  Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Community Development and Affairs Committee (on 06/18/2020)