HF 2290

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/15/2023 12:03pm

A bill for an act
relating to public safety; prohibiting no-knock search warrants; amending Minnesota
Statutes 2022, section 626.14, subdivision 2, by adding a subdivision; repealing
Minnesota Statutes 2022, section 626.14, subdivisions 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 626.14, subdivision 2, is amended to read:

Subd. 2.

Definition.

For the purposes of this section, "no-knock search warrant" means
a search warrant authorizing peace officers to enter certain premises without first new text begin loudly
new text end knocking and new text begin loudly and understandably new text end announcing the officer's presence or purpose new text begin and
waiting no less than 30 seconds thereafter new text end prior to entering the premises new text begin to allow compliance
by the subject new text end . No-knock search warrants may also be referred to as dynamic entry warrants.

Sec. 2.

Minnesota Statutes 2022, section 626.14, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin No-knock search warrants prohibited. new text end

new text begin A court may not issue or approve a
no-knock search warrant.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 626.14, subdivisions 3 and 4, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-03850

626.14 TIME AND MANNER OF SERVICE; NO-KNOCK SEARCH WARRANTS.

Subd. 3.

Requirements for a no-knock search warrant.

(a) No peace officer shall seek a no-knock search warrant unless the warrant application includes at a minimum:

(1) all documentation and materials the issuing court requires;

(2) the information specified in paragraph (b); and

(3) a sworn affidavit as provided in section 626.08.

(b) Each warrant application seeking a no-knock entry must include, in detailed terms, the following:

(1) why peace officers are seeking the use of a no-knock entry and are unable to detain the suspect or search the residence through the use of a knock and announce warrant;

(2) what investigative activities have taken place to support issuance of the no-knock search warrant, or why no investigative activity is needed or able to be performed; and

(3) whether the warrant can be effectively executed during daylight hours according to subdivision 1.

(c) The chief law enforcement officer or designee and another superior officer must review and approve each warrant application. The agency must document the approval of both reviewing parties.

(d) A no-knock search warrant shall not be issued when the only crime alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use.

Subd. 4.

Reporting requirements regarding no-knock search warrants.

(a) Law enforcement agencies shall report to the commissioner of public safety regarding the use of no-knock search warrants in a format prescribed by the commissioner. An agency must report the use of a no-knock search warrant to the commissioner no later than three months after the date the warrant was issued. The report shall include the following information:

(1) the number of no-knock search warrants requested;

(2) the number of no-knock search warrants the court issued;

(3) the number of no-knock search warrants executed;

(4) the number of injuries and fatalities suffered, if any, by peace officers and by civilians in the execution of no-knock search warrants; and

(5) any other information the commissioner requests.

(b) The commissioner of public safety shall report the information provided under paragraph (a) annually to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety.