RÉSUMÉ DIGEST
ACT 430 (SB 34) 2021 Regular Session Fields
New law requires any law enforcement agency that utilizes body worn cameras to have a
policy regarding the activation and deactivation of such cameras by the officer no later than
January 1, 2022.
Requires any law enforcement motor vehicle that is equipped with a dash camera that has the
technology to automatically record upon the activation of the motor vehicle's police
emergency lights to utilize that technology no later than January 1, 2022.
Prohibits the use of choke holds and carotid holds, except when the officer reasonably
believes he or another person is at risk of great bodily harm or when deadly force is
authorized.
Provides that no law enforcement officer shall seek, execute, or participate in the execution
of a no-knock search warrant, except in cases where both of the following apply:
(1)The affidavit supporting the request for the warrant establishes probable cause that
exigent circumstances exist requiring the warrant to be executed in a no-knock
manner. Exigent circumstances include circumstances where the surprise of a
no-knock entry is necessary to protect life and limb of the law enforcement officers
and the occupants.
(2)The copy of the warrant being executed that is in the possession of law enforcement
officers to be delivered includes the judge's signature.
Provides that a search warrant authorized under proposed law shall require that a law
enforcement officer be recognizable and identifiable as a uniformed law enforcement officer
and provide audible notice of his authority and purpose reasonably expected to be heard by
occupants of such place to be searched prior to the execution of such search warrant.
Provides that after entering and securing the place to be searched and prior to undertaking
any search or seizure pursuant to the search warrant, the executing law enforcement officer
shall 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.
Provides that if the place to be searched is unoccupied, the executing law enforcement officer
shall leave a copy of the search warrant suitably affixed to the place to be searched.
Requires that search warrants authorized under new law be executed only from sunrise to
sunset except in either of the following instances:
(1)A judge authorizes the execution of such search warrant at another time for good
cause shown.
(2)The search warrant is for the withdrawal of blood. A search warrant for the
withdrawal of blood may be executed at any time of day.
Prohibits any evidence obtained from a search warrant in violation of new law from being
admitted into evidence for prosecution.
Defines "no-knock warrant" as a warrant issued by a judge that allows law enforcement to
enter a property without immediate prior notification of the residents, such as by knocking
or ringing a doorbell.
Provides that only a district court judge may issue a no-knock warrant under new law.
Effective August 1, 2021.
(Adds R.S. 40:2551-2553, and C.Cr.P. Art. 162.3)