HF 3398

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 12:30pm

A bill for an act
relating to public safety; modifying the no-knock search warrant process; amending
Minnesota Statutes 2021 Supplement, section 626.14; proposing coding for new
law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 626.14, is amended to read:

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

Subdivision 1.

Time.

A search warrant may be served only between the hours of 7:00
a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits
that a nighttime search outside those hours is necessary to prevent the loss, destruction, or
removal of the objects of the search or to protect the searchers or the public. The search
warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m.
unless a nighttime search outside those hours is authorized.

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.

Subd. 3.

Requirements for a no-knock search warrant.

(a) deleted text begin No peace officer shall
seek deleted text end new text begin No later than October 1, 2022, the commissioner of public safety shall develop and
publish a standard warrant application form that complies with this section. After October
1, 2022, each no-knock search warrant application must be submitted on the standard form
published by the commissioner of public safety.
new text end

new text begin (b) A court may only issue new text end a no-knock search warrant deleted text begin unless the deleted text end new text begin if there is clear and
convincing evidence of a significant, articulable, and imminent risk of death or great bodily
harm to an individual confined without the individual's consent at the location designated
in the warrant.
new text end

new text begin (c) A no-knock search new text end warrant application deleted text begin includes deleted text end new text begin must include new text end at a minimum:

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

(2) the information specified in paragraph deleted text begin (b) deleted text end new text begin (d) new text end ; and

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

deleted text begin (b) deleted text end new text begin (d) new text end 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) deleted text begin whether the warrant can be effectively executed deleted text end new text begin what conditions prevent execution
of the warrant new text end during daylight hours according to subdivision 1.

deleted text begin (c) deleted text end new text begin (e) new text end 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.

deleted text begin (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.
deleted text end

new text begin (f) A no-knock search warrant shall not be issued when the peace officer applying for
the warrant has prior knowledge of the subject's or household member's disability within
the meaning of United States Code, title 42, section 12102.
new text end

new text begin (g) A no-knock search warrant application, including any attachments to the application,
that contains information that the applicant knows is false is void and any evidence collected
under a warrant based on that application is inadmissible for any purpose in any action,
proceeding, or hearing.
new text end

new text begin (h) Notwithstanding any law to the contrary, the Peace Officer Standards and Training
Board shall suspend the license of an officer who knowingly provides false information in
a warrant application or attachment for no less than 60 days. The board must revoke the
license of a peace officer who knowingly provides false information in a warrant application
a second or subsequent time.
new text end

new text begin Subd. 3a. new text end

new text begin Training requirements regarding no-knock search warrants. new text end

new text begin (a) Beginning
in 2023, the attorney general, in coordination with the commissioner of public safety, must
deliver a training course quarterly each year that is no less than four hours in duration that
instructs peace officers on search, seizure, and obtaining and properly executing warrants,
including no-knock warrants. The training course must emphasize warrant execution practices
that enhance subject and officer safety. The Peace Officer Standards and Training Board
shall assist the attorney general in developing the training course.
new text end

new text begin (b) After September 1, 2023, no officer shall participate in a no-knock warrant execution
unless that officer has completed the training described in paragraph (a) within the past
year.
new text end

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. new text begin These reports are
classified as public data as defined in section 13.02. new text end 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) new text begin the conditions or reasons each no-knock search warrant was requested;
new text end

new text begin (3) new text end the number of no-knock search warrants the court issued;

deleted text begin (3) deleted text end new text begin (4) new text end the number of no-knock search warrants executed;

deleted text begin (4) deleted text end new text begin (5) new text end the number of injuries and fatalities suffered, if any, by peace officers and by
civilians in the execution of no-knock search warrants; and

deleted text begin (5) deleted text end new text begin (6) new text end 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.

Sec. 2.

new text begin [626.8479] TRAINING IN SEARCH AND SEIZURE AND WARRANT
PROCESSING AND EXECUTION; MODEL POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Model policy; mandatory adoption. new text end

new text begin (a) No later than November 15,
2022, the board shall develop a model policy and learning objectives on search, seizure,
and obtaining and properly executing warrants to include arrest warrants and search warrants,
including the limited circumstances that justify a no-knock search warrant.
new text end

new text begin (b) By January 1, 2023, each chief of police and sheriff shall establish, adopt, and
implement a written policy that is identical or substantially similar to the model policy
developed under paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin In-service training. new text end

new text begin Beginning January 1, 2023, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service training on
the policy adopted pursuant to subdivision 1 to every peace officer and part-time peace
officer employed by the agency. The training must comply with the learning objectives
developed and approved by the board and must meet board requirements for board-approved
continuing education credit. The training must consist of at least four continuing education
credits of the credits required under section 626.8469 within an officer's three-year licensing
cycle. Each peace officer with a license renewal date after June 30, 2023, is not required to
complete this training until the officer's next full three-year licensing cycle.
new text end