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2021 SESSION

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SB 1475 Search warrants; date and time of issuance, exceptions.

Introduced by: Richard H. Stuart | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Execution of search warrants. Provides that a search warrant for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. unless (i) a judge or a magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown by particularized facts in an affidavit; or (ii) prior to the issuance of the search warrant, law-enforcement officers lawfully entered and secured the place to be searched and remained at such place continuously. The bill also provides that a law-enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, unless the warrant was issued after 5 p.m., in which case the law-enforcement officer may seek such authorization from a magistrate without first making reasonable efforts to locate a judge.

SUMMARY AS INTRODUCED:

Execution of search warrants. Provides that a search warrant may be executed at any time when prior to the issuance of the search warrant, a law enforcement officer has lawfully entered and secured the place to be searched and subsequently have remained at such place continuously or when the item to be searched already is in law enforcement possession or control. The bill also provides that any evidence obtained from a search warrant will not be excluded unless the search warrant is executed in bad faith or if it is proven that the rights of the defendant were substantially prejudiced. The bill also exempts search warrants served by means of electronic or telecommunication transmission from the no knock search warrant provisions.