Bill
Bill > S4211
NJ S4211
Prohibits issuance and execution of "no-knock" warrant to be executed at residences.
summary
Introduced
03/03/2025
03/03/2025
In Committee
03/03/2025
03/03/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
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
This bill prohibits law enforcement from executing "no-knock" warrants at residences, which previously allowed officers to enter a premises without first announcing their presence. Under the new law, before entering a residence to execute an arrest or search warrant, officers must: (1) knock on the door, (2) clearly announce their identity and purpose, and (3) wait at least 30 seconds for occupants to answer, unless there are urgent circumstances that necessitate immediate entry. The bill also modifies the legal standards for use of force during warrant execution, stipulating that force is only justifiable if the warrant is valid and, for residential warrants, is executed in strict accordance with the new knock-and-announce requirements. This legislation appears to be a response to high-profile incidents like the fatal shooting of Breonna Taylor in 2020, which sparked national discussions about police tactics and no-knock warrants. By mandating a more deliberate and transparent approach to serving warrants, the bill aims to enhance both law enforcement accountability and resident safety.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/03/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4211 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4211_I1.HTM |
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