EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0027*
HOUSE BILL 27
E2 4lr0492
HB 38/23 – JUD (PRE–FILED)
By: Delegate Acevero
Requested: August 14, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
No–Knock Warrants 2
FOR the purpose of repealing the authority for the issuance and execution of a no–knock 3
search warrant; establishing procedures for the issuance and execution of a search 4
warrant; and generally relating to search warrants. 5
BY repealing and reenacting, with amendments, 6
Article – Criminal Procedure 7
Section 1–203 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Criminal Procedure 13
1–203. 14
(a) (1) [In this subsection, “no–knock search warrant” means a search warrant 15
that authorizes the executing law enforcement officer to enter a building, apartment, 16
premises, place, or thing to be searched without giving notice of the officer’s authority or 17
purpose. 18
(2)] A circuit court judge or District Court judge may issue forthwith a 19
search warrant whenever it is made to appear to the judge, by application as described in 20
paragraph [(3)] (2) of this subsection, that there is probable cause to believe that: 21
(i) a misdemeanor or felony is being committed by a person or in a 22 2 HOUSE BILL 27
building, apartment, premises, place, or thing within the territorial jurisdiction of the 1
judge; or 2
(ii) property subject to seizure under the criminal laws of the State 3
is on the person or in or on the building, apartment, premises, place, or thing. 4
[(3)] (2) (i) An application for a search warrant shall be: 5
1. in writing; 6
2. signed, dated, and sworn to by the applicant; and 7
3. accompanied by an affidavit that: 8
A. sets forth the basis for probable cause as described in 9
paragraph (1) of this subsection; and 10
B. contains facts within the personal knowledge of the affiant 11
that there is probable cause. 12
(ii) An application for a search warrant may be submitted to a judge: 13
1. by in–person delivery of the application, the affidavit, and 14
a proposed search warrant; 15
2. by secure fax, if a complete and printable image of the 16
application, the affidavit, and a proposed search warrant are submitted; or 17
3. by secure electronic mail, if a complete and printable 18
image of the application, the affidavit, and a proposed search warrant are submitted. 19
(iii) The applicant and the judge may converse about the search 20
warrant application: 21
1. in person; 22
2. via telephone; or 23
3. via video. 24
(iv) The judge may issue the search warrant: 25
1. by signing the search warrant, indicating the date and 26
time of issuance on the search warrant, and physically delivering the signed and dated 27
search warrant, the application, and the affidavit to the applicant; 28
2. by signing the search warrant, writing the date and time 29 HOUSE BILL 27 3
of issuance on the search warrant, and sending complete and printable images of the signed 1
and dated search warrant, the application, and the affidavit to the applicant by secure fax; 2
or 3
3. by signing the search warrant, either electronically or in 4
writing, indicating the date and time of issuance on the search warrant, and sending 5
complete and printable images of the signed and dated search warrant, the application, and 6
the affidavit to the applicant by secure electronic mail. 7
(v) The judge shall file a copy of the signed and dated search 8
warrant, the application, and the affidavit with the court. 9
[(vi) 1. If approved in writing by a police supervisor and the 10
State’s Attorney, an application for a search warrant may contain a request that the search 11
warrant be a no–knock search warrant, on the ground that there is reasonable suspicion to 12
believe that, without the authorization the life or safety of the executing officer or another 13
person may be endangered. 14
2. An application for a no–knock search warrant under this 15
subparagraph shall contain: 16
A. a description of the evidence in support of the application; 17
B. an explanation of the investigative activities that have 18
been undertaken and the information that has been gathered to support the request for a 19
no–knock search warrant; 20
C. an explanation of why the affiant is unable to detain the 21
suspect or search the premises using other, less invasive methods; 22
D. acknowledgment that any police officers who will execute 23
the search warrant have successfully completed the same training in breach and call–out 24
entry procedures as SWAT team members; 25
E. a statement as to whether the search warrant can 26
effectively be executed during daylight hours and, if not, what facts or circumstances 27
preclude effective execution in daylight hours; and 28
F. a list of any additional occupants of the premises by age 29
and gender, as well as an indication as to whether any individuals with cognitive or physical 30
disabilities or pets reside at the premises, if known. 31
3. A no–knock search warrant shall be executed between 32
8:00 a.m. and 7:00 p.m., absent exigent circumstances.] 33
[(4)] (3) (I) The search warrant shall: 34
4 HOUSE BILL 27
[(i)] 1. be directed to a duly constituted [police] LAW 1
ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 2
assistant of the Office of the State Fire Marshal and authorize the [police] LAW 3
ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 4
assistant of the Office of the State Fire Marshal to search the suspected person, building, 5
apartment, premises, place, or thing and to seize any property found subject to seizure 6
under the criminal laws of the State; AND 7
[(ii)] 2. name or describe, with reasonable particularity: 8
[1.] A. the person, building, apartment, premises, place, or 9
thing to be searched; 10
[2.] B. the grounds for the search; and 11
[3.] C. the name of the applicant on whose application the 12
search warrant was issued[; and 13
(iii) if warranted by application as described in paragraph (3) of this 14
subsection, authorize the executing law enforcement officer to enter the building, 15
apartment, premises, place, or thing to be searched without giving notice of the officer’s 16
authority or purpose]. 17
(II) THE SEARCH WARRANT MA Y NOT AUTHORIZE A LAW 18
ENFORCEMENT OFFICER EXECUTING TH E WARRANT TO ENTER A BUILDING, AN 19
APARTMENT , A PREMISES , OR A PLACE TO BE SEA RCHED WITHOUT FIRST 20
ANNOUNCING THE LAW ENFORCEMENT OFFICER’S PURPOSE AND AUTHOR ITY. 21
[(5)] (4) (i) The search and seizure under the authority of a search 22
warrant shall be made within 10 calendar days after the day that the search warrant is 23
issued. 24
(ii) After the expiration of the 10–day period, the search warrant is 25
void. 26
(5) THE SEARCH WARRANT MAY BE EXECUTED ONLY BET WEEN 8:00 27
A.M. AND 7:00 P.M. 28
(6) The executing law enforcement officer shall give a copy of the search 29
warrant, the application, and the affidavit to an authorized occupant of the premises 30
searched or leave a copy of the search warrant, the application, and the affidavit at the 31
premises searched. 32
(7) (i) The executing law enforcement officer shall prepare a detailed 33
search warrant return which shall include the date and time of the execution of the search 34 HOUSE BILL 27 5
warrant. 1
(ii) The executing law enforcement officer shall: 2
1. give a copy of the search warrant return to an authorized 3
occupant of the premises searched or leave a copy of the return at the premises searched; 4
and 5
2. file a copy of the search warrant return with the court in 6
person, by secure fax, or by secure electronic mail. 7
(8) (i) In this paragraph, “exigent circumstances” retains its judicially 8
determined meaning. 9
(ii) While executing a search warrant, a [police] LAW 10
ENFORCEMENT officer shall be clearly recognizable and identifiable as a [police] LAW 11
ENFORCEMENT officer, wearing a uniform, badge, and tag bearing the name and 12
identification number of the [police] LAW ENFORCEMENT officer. 13
(iii) 1. This subparagraph applies to a [police] LAW 14
ENFORCEMENT officer whose law enforcement agency requires the use of body–worn 15
cameras. 16
2. A [police] LAW ENFORCEMENT officer executing a search 17
warrant shall use a body–worn camera during the course of the search in accordance with 18
the policies established by the [police] LAW ENFORCEMENT officer’s law enforcement 19
agency. 20
(iv) 1. [Unless executing a no–knock search warrant, a] 21
BEFORE ENTERING A BUI LDING, AN APARTMENT , A PREMISES, OR A PLACE TO BE 22
SEARCHED UNDER THE A UTHORITY OF THE SEAR CH WARRANT, A LAW 23
ENFORCEMENT OFFICER EXECUTING TH E WARRANT SHALL GIVE NOTICE 24
REASONABLY CALCULATE D TO ALERT ANY OCCUP ANTS WITHIN THE BUIL DING, 25
APARTMENT , PREMISES, OR PLACE OF THE LAW ENFORCEMENT OFFICER’S 26
AUTHORITY AND PURPOS E. 27
2. A [police] LAW ENFORCEMENT officer shall allow a 28
minimum of 20 seconds for the occupants of a residence to respond and open the door before 29
the [police] LAW ENFORCEMENT officer attempts to enter the residence, absent exigent 30
circumstances. 31
(v) A [police] LAW ENFORCEMENT officer may not use flashbang, 32
stun, distraction, or other similar military–style devices when executing a search warrant, 33
absent exigent circumstances. 34
6 HOUSE BILL 27
(b) (1) A circuit court judge or District Court judge shall cause property taken 1
under a search warrant to be restored to the person from whom it was taken if, at any time, 2
on application to the judge, it appears that: 3
(i) the property taken is not the same as that described in the search 4
warrant; 5
(ii) there is no probable cause for believing the existence of the 6
grounds on which the search warrant was issued; or 7
(iii) the property was taken under a search warrant issued more than 8
[15] 10 calendar days before the seizure. 9
(2) The judge may receive an oral motion made in open court at any time 10
making application for the return of seized property if the application for return is based 11
on any ground described in paragraph (1) of this subsection. 12
(3) If the judge grants the oral motion described in paragraph (2) of this 13
subsection, the order of the court shall be in writing and a copy of the order shall be sent to 14
the State’s Attorney. 15
(4) Court costs may not be assessed against the person from whom the 16
property was taken if: 17
(i) the judge denies the oral motion and requires the person from 18
whom the property was taken to proceed for return of the seized property by petition and 19
an order to show cause to the police authority seizing the property; and 20
(ii) it is later ordered that the property be restored to the person from 21
whom it was taken. 22
(5) If the judge finds that the property taken is the same as that described 23
in the search warrant and that there is probable cause for believing the existence of the 24
grounds on which the search warrant was issued, the judge shall order the property to be 25
retained in the custody of the police authority seizing it or to be otherwise disposed of 26
according to law. 27
(c) (1) This subsection does not apply to contraband or other property 28
prohibited by law from being recoverable. 29
(2) Property seized under a search warrant issued under subsection (a) of 30
this section may be returned to the person to whom the property belongs without the 31
necessity of that person bringing an action for replevin or any other proceeding against the 32
unit with custody of the property if: 33
(i) the criminal case in which the property was seized is disposed of 34
because of a nolle prosequi, dismissal, or acquittal; 35 HOUSE BILL 27 7
(ii) the State does not appeal the criminal case in which the property 1
was seized; or 2
(iii) the time for appeal has expired. 3
(d) (1) A circuit court judge or District Court judge shall cause property 4
rightfully taken under a search warrant to be restored to the person from whom it was 5
taken if, at any time, on application to the judge, the judge finds that the property is being 6
wrongfully withheld after there is no further need for retention of the property. 7
(2) The judge may receive an oral motion made in open court at any time 8
making application for the return of seized property if the application for return is based 9
on the ground that the property, although rightfully taken under a search warrant, is being 10
wrongfully withheld after there is no further need for retention of the property. 11
(3) If the judge grants the oral motion described in paragraph (2) of this 12
subsection, the order of the court shall be in writing and a copy of the order shall be sent to 13
the State’s Attorney. 14
(4) Court costs may not be assessed against the person from whom the 15
property was taken if: 16
(i) the judge denies the oral motion and requires the person from 17
whom the property was taken to proceed for return of the seized property by petition and 18
an order to show cause to the police authority wrongfully withholding the property; and 19
(ii) it is later ordered that the property be restored to the person from 20
whom it was taken. 21
(e) (1) Notwithstanding any provision of the Maryland Rules, a circuit court 22
judge or District Court judge, on a finding of good cause, may order that an affidavit 23
presented in support of a search and seizure warrant be sealed for a period not exceeding 24
30 days. 25
(2) A finding of good cause required by paragraph (1) of this subsection is 26
established by evidence that: 27
(i) the criminal investigation to which the affidavit is related is of a 28
continuing nature and likely to yield further information that could be of use in prosecuting 29
alleged criminal activities; and 30
(ii) the failure to maintain the confidentiality of the investigation 31
would: 32
1. jeopardize the use of information already obtained in the 33
investigation; 34 8 HOUSE BILL 27
2. impair the continuation of the investigation; or 1
3. jeopardize the safety of a source of information. 2
(3) A court may grant one 30–day extension of the time that an affidavit 3
presented in support of a search and seizure warrant is to remain sealed if: 4
(i) law enforcement provides continued evidence as described in 5
paragraph (2) of this subsection; and 6
(ii) the court makes a finding of good cause based on the evidence. 7
(4) After the order sealing the affidavit expires, the affidavit shall be: 8
(i) unsealed; and 9
(ii) delivered within 15 days: 10
1. to the person from whom the property was taken; or 11
2. if that person is not on the premises at the time of delivery, 12
to the person apparently in charge of the premises from which the property was taken. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2024. 15