Passed 1st Reading

H656: Prohibition on No-Knock Warrant Service. Latest Version

AN ACT to prohibit no‑knock warrant service by law enforcement officers in all instances except a hostage rescue.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A‑251 reads as rewritten:

§ 15A‑251.  Entry by force.

An officer may break and enter any premises or vehicle when necessary to the execution of the warrant if:when effecting the rescue of a hostage that there is probable cause to believe is located on the premises or in the vehicle.

(1)        The officer has previously announced his identity and purpose as required by G.S. 15A‑249 and reasonably believes either that admittance is being denied or unreasonably delayed or that the premises or vehicle is unoccupied; or

(2)        The officer has probable cause to believe that the giving of  notice would endanger the life or safety of any person.

SECTION 2.  This act is effective when it becomes law and applies to the service of warrants on or after that date.