HF 1762

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:37am

A bill for an act
relating to public safety; regulating no-knock search warrants; amending Minnesota
Statutes 2020, section 626.14.

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

Section 1.

Minnesota Statutes 2020, section 626.14, is amended to read:

626.14 TIME new text begin AND MANNER new text end OF SERVICE new text begin ; NO-KNOCK SEARCH WARRANTS new text end .

new text begin Subdivision 1. new text end

new text begin Time. new text end

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.

new text begin Subd. 2. new text end

new text begin Definition. new text end

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

new text begin Subd. 3. new text end

new text begin Requirements for a no-knock search warrant. new text end

new text begin No peace officer shall seek
a no-knock search warrant unless the warrant application includes at a minimum:
new text end

new text begin (1) all documentation and materials the issuing court requires; and
new text end

new text begin (2) a sworn affidavit as provided in section 626.08.
new text end

new text begin Subd. 4. new text end

new text begin Warrant application form. new text end

new text begin (a) A law enforcement agency shall develop a
warrant application form. A completed warrant application form shall accompany every
request for a no-knock search warrant.
new text end

new text begin (b) The warrant application form must be completed, signed, and dated by the peace
officer seeking the no-knock search warrant.
new text end

new text begin (c) Each warrant application must explain, in detailed terms, the following:
new text end

new text begin (1) why peace officers are unable to detain the suspect or search the residence using less
invasive means or methods;
new text end

new text begin (2) what investigative activities have taken place to support issuance of the no-knock
search warrant, or why no investigative activity is needed; and
new text end

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

new text begin (d) The chief of police and the supervising officer must review each warrant application
form. If the chief of police or commanding officer is unavailable, the direct superior officer
shall review the materials.
new text end

new text begin (e) The warrant application form shall contain a certification of review section. The form
shall provide that, by executing the certification, the individual signing the form has reviewed
its contents and approves the request for a no-knock search warrant. The chief of police and
the commanding officer, or the direct superior officer, must each sign, date, and indicate
the time of the certification.
new text end

new text begin (f) Under no circumstance shall a no-knock search warrant be issued when the only
crime alleged is drug possession.
new text end

new text begin Subd. 5. new text end

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

new text begin (a) Law
enforcement agencies shall report quarterly to the commissioner of public safety regarding
the use of no-knock search warrants. The report shall include the following information:
new text end

new text begin (1) the number of no-knock search warrants requested;
new text end

new text begin (2) the number of no-knock search warrants the court issued;
new text end

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

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

new text begin (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.
new text end