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HB 5099 - Prohibits No-Knock Search Warrants - Virginia Key Vote

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Title: Prohibits No-Knock Search Warrants

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits no-knock search warrants.

Highlights:

 

  • Prohibits a law enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant (Sec. 1).

  • Requires that a search warrant authorized under this bill to require that a law enforcement officer to be recognizable and identifiable as a uniformed law enforcement officer and provide audible notice of their authority and purpose reasonably expected to be heard by the occupants of such a place (Sec. 1).

  • Requires the executing law enforcement officer to read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched after entering and securing the place to be searched and prior to undertaking the search or seizure (Sec. 1).

  • Specifies that if the place to be searched is unoccupied, the law executing law enforcement officer must leave a copy of the search warrant suitably affixed to the place to be searched (Sec. 1).

  • Requires search warrants authorized under this bill to be executed only in the daytime unless (Sec. 1):

    • A judge or magistrate authorizes the execution of such a search warrant at another time for good cause shown; or

    • The search warrant is for the withdrawal of blood.

  • Requires a law enforcement officer to make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, and such reasonable efforts must be documented in an affidavit and submitted to a magistrate when seeking such authorization (Sec. 1).

  • Specifies that any evidence obtained from a no-knock search warrant will not be admitted into evidence for any prosecution (Sec. 1).

See How Your Politicians Voted

Title: Prohibits No-Knock Search Warrants

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits no-knock search warrants.

Highlights:

 

  • Prohibits a law enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant (Sec. 1).

  • Requires that a search warrant authorized under this bill to require that a law enforcement officer to be recognizable and identifiable as a uniformed law enforcement officer and provide audible notice of their authority and purpose reasonably expected to be heard by the occupants of such a place (Sec. 1).

  • Requires the executing law enforcement officer to read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched after entering and securing the place to be searched and prior to undertaking the search or seizure (Sec. 1).

  • Specifies that if the place to be searched is unoccupied, the law executing law enforcement officer must leave a copy of the search warrant suitably affixed to the place to be searched (Sec. 1).

  • Requires search warrants authorized under this bill to be executed only in the daytime unless (Sec. 1):

    • A judge or magistrate authorizes the execution of such a search warrant at another time for good cause shown; or

    • The search warrant is for the withdrawal of blood.

  • Requires a law enforcement officer to make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, and such reasonable efforts must be documented in an affidavit and submitted to a magistrate when seeking such authorization (Sec. 1).

  • Specifies that any evidence obtained from a no-knock search warrant will not be admitted into evidence for any prosecution (Sec. 1).

See How Your Politicians Voted

Title: Prohibits No-Knock Search Warrants

Vote Smart's Synopsis:

Vote to pass a bill that prohibits no-knock search warrants.

Highlights:

 

  • Prohibits a law enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant (Sec. 1).

  • Requires search warrants to require that a law enforcement officer provide notice of their entry, authority, and purpose prior to entering the place to be searched (Sec. 1).

  • Requires, after entering and securing the place to be searched and prior to any search and seizure pursuant to a search warrant, the executing law enforcement officer to reach and give a copy of the warrant to the person to be searched or the owner of the place to be searched (Sec. 1).

  • Specifies that any evidence obtained from a no-knock search warrant will not be admitted into evidence for any prosecution (Sec. 1).

  • Defines a “no-knock search warrant” as any search warrant executed without law enforcement officers giving notice of their identity, authority, and purpose prior to entering the place to be searched (Sec. 1).

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