Maryland 2024 Regular Session

Maryland House Bill HB27 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0027
6	6
7	7	HOUSE BILL 27
8	8	E2 4lr0492
9	9	HB 38/23 – JUD (PRE–FILED)
10	10	By: Delegate Acevero
11	11	Requested: August 14, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	No–Knock Warrants 2
20	20
21	21	FOR the purpose of repealing the authority for the issuance and execution of a no–knock 3
22	22	search warrant; establishing procedures for the issuance and execution of a search 4
23	23	warrant; and generally relating to search warrants. 5
24	24
25	25	BY repealing and reenacting, with amendments, 6
26	26	Article – Criminal Procedure 7
27	27	Section 1–203 8
28	28	Annotated Code of Maryland 9
29	29	(2018 Replacement Volume and 2023 Supplement) 10
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
32	32	That the Laws of Maryland read as follows: 12
33	33
34	34	Article – Criminal Procedure 13
35	35
36	36	1–203. 14
37	37
38	38	(a) (1) [In this subsection, “no–knock search warrant” means a search warrant 15
39	39	that authorizes the executing law enforcement officer to enter a building, apartment, 16
40	40	premises, place, or thing to be searched without giving notice of the officer’s authority or 17
41	41	purpose. 18
42	42
43	43	(2)] A circuit court judge or District Court judge may issue forthwith a 19
44	44	search warrant whenever it is made to appear to the judge, by application as described in 20
45	45	paragraph [(3)] (2) of this subsection, that there is probable cause to believe that: 21
46	46
47	47	(i) a misdemeanor or felony is being committed by a person or in a 22 2 HOUSE BILL 27
48	48
49	49
50	50	building, apartment, premises, place, or thing within the territorial jurisdiction of the 1
51	51	judge; or 2
52	52
53	53	(ii) property subject to seizure under the criminal laws of the State 3
54	54	is on the person or in or on the building, apartment, premises, place, or thing. 4
55	55
56	56	[(3)] (2) (i) An application for a search warrant shall be: 5
57	57
58	58	1. in writing; 6
59	59
60	60	2. signed, dated, and sworn to by the applicant; and 7
61	61
62	62	3. accompanied by an affidavit that: 8
63	63
64	64	A. sets forth the basis for probable cause as described in 9
65	65	paragraph (1) of this subsection; and 10
66	66
67	67	B. contains facts within the personal knowledge of the affiant 11
68	68	that there is probable cause. 12
69	69
70	70	(ii) An application for a search warrant may be submitted to a judge: 13
71	71
72	72	1. by in–person delivery of the application, the affidavit, and 14
73	73	a proposed search warrant; 15
74	74
75	75	2. by secure fax, if a complete and printable image of the 16
76	76	application, the affidavit, and a proposed search warrant are submitted; or 17
77	77
78	78	3. by secure electronic mail, if a complete and printable 18
79	79	image of the application, the affidavit, and a proposed search warrant are submitted. 19
80	80
81	81	(iii) The applicant and the judge may converse about the search 20
82	82	warrant application: 21
83	83
84	84	1. in person; 22
85	85
86	86	2. via telephone; or 23
87	87
88	88	3. via video. 24
89	89
90	90	(iv) The judge may issue the search warrant: 25
91	91
92	92	1. by signing the search warrant, indicating the date and 26
93	93	time of issuance on the search warrant, and physically delivering the signed and dated 27
94	94	search warrant, the application, and the affidavit to the applicant; 28
95	95
96	96	2. by signing the search warrant, writing the date and time 29 HOUSE BILL 27 3
97	97
98	98
99	99	of issuance on the search warrant, and sending complete and printable images of the signed 1
100	100	and dated search warrant, the application, and the affidavit to the applicant by secure fax; 2
101	101	or 3
102	102
103	103	3. by signing the search warrant, either electronically or in 4
104	104	writing, indicating the date and time of issuance on the search warrant, and sending 5
105	105	complete and printable images of the signed and dated search warrant, the application, and 6
106	106	the affidavit to the applicant by secure electronic mail. 7
107	107
108	108	(v) The judge shall file a copy of the signed and dated search 8
109	109	warrant, the application, and the affidavit with the court. 9
110	110
111	111	[(vi) 1. If approved in writing by a police supervisor and the 10
112	112	State’s Attorney, an application for a search warrant may contain a request that the search 11
113	113	warrant be a no–knock search warrant, on the ground that there is reasonable suspicion to 12
114	114	believe that, without the authorization the life or safety of the executing officer or another 13
115	115	person may be endangered. 14
116	116
117	117	2. An application for a no–knock search warrant under this 15
118	118	subparagraph shall contain: 16
119	119
120	120	A. a description of the evidence in support of the application; 17
121	121
122	122	B. an explanation of the investigative activities that have 18
123	123	been undertaken and the information that has been gathered to support the request for a 19
124	124	no–knock search warrant; 20
125	125
126	126	C. an explanation of why the affiant is unable to detain the 21
127	127	suspect or search the premises using other, less invasive methods; 22
128	128
129	129	D. acknowledgment that any police officers who will execute 23
130	130	the search warrant have successfully completed the same training in breach and call–out 24
131	131	entry procedures as SWAT team members; 25
132	132
133	133	E. a statement as to whether the search warrant can 26
134	134	effectively be executed during daylight hours and, if not, what facts or circumstances 27
135	135	preclude effective execution in daylight hours; and 28
136	136
137	137	F. a list of any additional occupants of the premises by age 29
138	138	and gender, as well as an indication as to whether any individuals with cognitive or physical 30
139	139	disabilities or pets reside at the premises, if known. 31
140	140
141	141	3. A no–knock search warrant shall be executed between 32
142	142	8:00 a.m. and 7:00 p.m., absent exigent circumstances.] 33
143	143
144	144	[(4)] (3) (I) The search warrant shall: 34
145	145	4 HOUSE BILL 27
146	146
147	147
148	148	[(i)] 1. be directed to a duly constituted [police] LAW 1
149	149	ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 2
150	150	assistant of the Office of the State Fire Marshal and authorize the [police] LAW 3
151	151	ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 4
152	152	assistant of the Office of the State Fire Marshal to search the suspected person, building, 5
153	153	apartment, premises, place, or thing and to seize any property found subject to seizure 6
154	154	under the criminal laws of the State; AND 7
155	155
156	156	[(ii)] 2. name or describe, with reasonable particularity: 8
157	157
158	158	[1.] A. the person, building, apartment, premises, place, or 9
159	159	thing to be searched; 10
160	160
161	161	[2.] B. the grounds for the search; and 11
162	162
163	163	[3.] C. the name of the applicant on whose application the 12
164	164	search warrant was issued[; and 13
165	165
166	166	(iii) if warranted by application as described in paragraph (3) of this 14
167	167	subsection, authorize the executing law enforcement officer to enter the building, 15
168	168	apartment, premises, place, or thing to be searched without giving notice of the officer’s 16
169	169	authority or purpose]. 17
170	170
171	171	(II) THE SEARCH WARRANT MA Y NOT AUTHORIZE A LAW 18
172	172	ENFORCEMENT OFFICER EXECUTING TH E WARRANT TO ENTER A BUILDING, AN 19
173	173	APARTMENT , A PREMISES , OR A PLACE TO BE SEA RCHED WITHOUT FIRST 20
174	174	ANNOUNCING THE LAW ENFORCEMENT OFFICER’S PURPOSE AND AUTHOR ITY. 21
175	175
176	176	[(5)] (4) (i) The search and seizure under the authority of a search 22
177	177	warrant shall be made within 10 calendar days after the day that the search warrant is 23
178	178	issued. 24
179	179
180	180	(ii) After the expiration of the 10–day period, the search warrant is 25
181	181	void. 26
182	182
183	183	(5) THE SEARCH WARRANT MAY BE EXECUTED ONLY BET WEEN 8:00 27
184	184	A.M. AND 7:00 P.M. 28
185	185
186	186	(6) The executing law enforcement officer shall give a copy of the search 29
187	187	warrant, the application, and the affidavit to an authorized occupant of the premises 30
188	188	searched or leave a copy of the search warrant, the application, and the affidavit at the 31
189	189	premises searched. 32
190	190
191	191	(7) (i) The executing law enforcement officer shall prepare a detailed 33
192	192	search warrant return which shall include the date and time of the execution of the search 34 HOUSE BILL 27 5
193	193
194	194
195	195	warrant. 1
196	196
197	197	(ii) The executing law enforcement officer shall: 2
198	198
199	199	1. give a copy of the search warrant return to an authorized 3
200	200	occupant of the premises searched or leave a copy of the return at the premises searched; 4
201	201	and 5
202	202
203	203	2. file a copy of the search warrant return with the court in 6
204	204	person, by secure fax, or by secure electronic mail. 7
205	205
206	206	(8) (i) In this paragraph, “exigent circumstances” retains its judicially 8
207	207	determined meaning. 9
208	208
209	209	(ii) While executing a search warrant, a [police] LAW 10
210	210	ENFORCEMENT officer shall be clearly recognizable and identifiable as a [police] LAW 11
211	211	ENFORCEMENT officer, wearing a uniform, badge, and tag bearing the name and 12
212	212	identification number of the [police] LAW ENFORCEMENT officer. 13
213	213
214	214	(iii) 1. This subparagraph applies to a [police] LAW 14
215	215	ENFORCEMENT officer whose law enforcement agency requires the use of body–worn 15
216	216	cameras. 16
217	217
218	218	2. A [police] LAW ENFORCEMENT officer executing a search 17
219	219	warrant shall use a body–worn camera during the course of the search in accordance with 18
220	220	the policies established by the [police] LAW ENFORCEMENT officer’s law enforcement 19
221	221	agency. 20
222	222
223	223	(iv) 1. [Unless executing a no–knock search warrant, a] 21
224	224	BEFORE ENTERING A BUI LDING, AN APARTMENT , A PREMISES, OR A PLACE TO BE 22
225	225	SEARCHED UNDER THE A UTHORITY OF THE SEAR CH WARRANT, A LAW 23
226	226	ENFORCEMENT OFFICER EXECUTING TH E WARRANT SHALL GIVE NOTICE 24
227	227	REASONABLY CALCULATE D TO ALERT ANY OCCUP ANTS WITHIN THE BUIL DING, 25
228	228	APARTMENT , PREMISES, OR PLACE OF THE LAW ENFORCEMENT OFFICER’S 26
229	229	AUTHORITY AND PURPOS E. 27
230	230
231	231	2. A [police] LAW ENFORCEMENT officer shall allow a 28
232	232	minimum of 20 seconds for the occupants of a residence to respond and open the door before 29
233	233	the [police] LAW ENFORCEMENT officer attempts to enter the residence, absent exigent 30
234	234	circumstances. 31
235	235
236	236	(v) A [police] LAW ENFORCEMENT officer may not use flashbang, 32
237	237	stun, distraction, or other similar military–style devices when executing a search warrant, 33
238	238	absent exigent circumstances. 34
239	239	6 HOUSE BILL 27
240	240
241	241
242	242	(b) (1) A circuit court judge or District Court judge shall cause property taken 1
243	243	under a search warrant to be restored to the person from whom it was taken if, at any time, 2
244	244	on application to the judge, it appears that: 3
245	245
246	246	(i) the property taken is not the same as that described in the search 4
247	247	warrant; 5
248	248
249	249	(ii) there is no probable cause for believing the existence of the 6
250	250	grounds on which the search warrant was issued; or 7
251	251
252	252	(iii) the property was taken under a search warrant issued more than 8
253	253	[15] 10 calendar days before the seizure. 9
254	254
255	255	(2) The judge may receive an oral motion made in open court at any time 10
256	256	making application for the return of seized property if the application for return is based 11
257	257	on any ground described in paragraph (1) of this subsection. 12
258	258
259	259	(3) If the judge grants the oral motion described in paragraph (2) of this 13
260	260	subsection, the order of the court shall be in writing and a copy of the order shall be sent to 14
261	261	the State’s Attorney. 15
262	262
263	263	(4) Court costs may not be assessed against the person from whom the 16
264	264	property was taken if: 17
265	265
266	266	(i) the judge denies the oral motion and requires the person from 18
267	267	whom the property was taken to proceed for return of the seized property by petition and 19
268	268	an order to show cause to the police authority seizing the property; and 20
269	269
270	270	(ii) it is later ordered that the property be restored to the person from 21
271	271	whom it was taken. 22
272	272
273	273	(5) If the judge finds that the property taken is the same as that described 23
274	274	in the search warrant and that there is probable cause for believing the existence of the 24
275	275	grounds on which the search warrant was issued, the judge shall order the property to be 25
276	276	retained in the custody of the police authority seizing it or to be otherwise disposed of 26
277	277	according to law. 27
278	278
279	279	(c) (1) This subsection does not apply to contraband or other property 28
280	280	prohibited by law from being recoverable. 29
281	281
282	282	(2) Property seized under a search warrant issued under subsection (a) of 30
283	283	this section may be returned to the person to whom the property belongs without the 31
284	284	necessity of that person bringing an action for replevin or any other proceeding against the 32
285	285	unit with custody of the property if: 33
286	286
287	287	(i) the criminal case in which the property was seized is disposed of 34
288	288	because of a nolle prosequi, dismissal, or acquittal; 35 HOUSE BILL 27 7
289	289
290	290
291	291
292	292	(ii) the State does not appeal the criminal case in which the property 1
293	293	was seized; or 2
294	294
295	295	(iii) the time for appeal has expired. 3
296	296
297	297	(d) (1) A circuit court judge or District Court judge shall cause property 4
298	298	rightfully taken under a search warrant to be restored to the person from whom it was 5
299	299	taken if, at any time, on application to the judge, the judge finds that the property is being 6
300	300	wrongfully withheld after there is no further need for retention of the property. 7
301	301
302	302	(2) The judge may receive an oral motion made in open court at any time 8
303	303	making application for the return of seized property if the application for return is based 9
304	304	on the ground that the property, although rightfully taken under a search warrant, is being 10
305	305	wrongfully withheld after there is no further need for retention of the property. 11
306	306
307	307	(3) If the judge grants the oral motion described in paragraph (2) of this 12
308	308	subsection, the order of the court shall be in writing and a copy of the order shall be sent to 13
309	309	the State’s Attorney. 14
310	310
311	311	(4) Court costs may not be assessed against the person from whom the 15
312	312	property was taken if: 16
313	313
314	314	(i) the judge denies the oral motion and requires the person from 17
315	315	whom the property was taken to proceed for return of the seized property by petition and 18
316	316	an order to show cause to the police authority wrongfully withholding the property; and 19
317	317
318	318	(ii) it is later ordered that the property be restored to the person from 20
319	319	whom it was taken. 21
320	320
321	321	(e) (1) Notwithstanding any provision of the Maryland Rules, a circuit court 22
322	322	judge or District Court judge, on a finding of good cause, may order that an affidavit 23
323	323	presented in support of a search and seizure warrant be sealed for a period not exceeding 24
324	324	30 days. 25
325	325
326	326	(2) A finding of good cause required by paragraph (1) of this subsection is 26
327	327	established by evidence that: 27
328	328
329	329	(i) the criminal investigation to which the affidavit is related is of a 28
330	330	continuing nature and likely to yield further information that could be of use in prosecuting 29
331	331	alleged criminal activities; and 30
332	332
333	333	(ii) the failure to maintain the confidentiality of the investigation 31
334	334	would: 32
335	335
336	336	1. jeopardize the use of information already obtained in the 33
337	337	investigation; 34 8 HOUSE BILL 27
338	338
339	339
340	340
341	341	2. impair the continuation of the investigation; or 1
342	342
343	343	3. jeopardize the safety of a source of information. 2
344	344
345	345	(3) A court may grant one 30–day extension of the time that an affidavit 3
346	346	presented in support of a search and seizure warrant is to remain sealed if: 4
347	347
348	348	(i) law enforcement provides continued evidence as described in 5
349	349	paragraph (2) of this subsection; and 6
350	350
351	351	(ii) the court makes a finding of good cause based on the evidence. 7
352	352
353	353	(4) After the order sealing the affidavit expires, the affidavit shall be: 8
354	354
355	355	(i) unsealed; and 9
356	356
357	357	(ii) delivered within 15 days: 10
358	358
359	359	1. to the person from whom the property was taken; or 11
360	360
361	361	2. if that person is not on the premises at the time of delivery, 12
362	362	to the person apparently in charge of the premises from which the property was taken. 13
363	363
364	364	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
365	365	October 1, 2024. 15
366	366