Texas Senate Bill SB175

Texas 2021 - 87th Regular

Caption

Relating to a prohibition on the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

Impact

The implementation of SB 175 could have significant implications for law enforcement practices in Texas. By prohibiting no-knock warrants, the legislation is designed to enhance civil liberties and protect individuals from potential invasions of privacy and violence associated with unannounced police entries. Proponents of the bill argue that this measure will lead to greater accountability and transparency within law enforcement, potentially reducing the likelihood of conflicts that arise from surprise entries.

Summary

Senate Bill 175 aims to prohibit the issuance of warrants that authorize peace officers to use no-knock entries when executing search warrants. The bill defines a no-knock entry as the entry of a peace officer into a building or place without prior notice of the officer's authority or purpose. The proposed law seeks to amend the Code of Criminal Procedure, specifically adding two articles that collectively assert that a magistrate may not issue such warrants. This alteration signifies a key shift in the procedural rights related to searches and arrests under Texas law.

Contention

However, the bill is likely to face contention from law enforcement agencies that may argue that no-knock warrants are necessary for certain situations to prevent evidence from being destroyed or to protect officers from potential threats. Those in opposition may express concerns about balancing public safety with civil rights, emphasizing the need for careful consideration of the contexts in which such warrants might have been utilized. Overall, the passage of SB 175 may ignite debates around law enforcement authority and individual rights surrounding search and seizure practices.