Maryland 2025 Regular Session

Maryland House Bill HB255 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 MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0255
6	6
7	7	HOUSE BILL 255
8	8	E2 5lr0845
9	9	HB 27/24 – JUD (PRE–FILED)
10	10	By: Delegate Acevero
11	11	Requested: September 16, 2024
12	12	Introduced and read first time: January 8, 2025
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 2024 Supplement) 10
30	30
31	31	BY repealing and reenacting, with amendments, 11
32	32	Article – Public Safety 12
33	33	Section 3–207(a)(24) and 3–525(a) and (b) 13
34	34	Annotated Code of Maryland 14
35	35	(2022 Replacement Volume and 2024 Supplement) 15
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
38	38	That the Laws of Maryland read as follows: 17
39	39
40	40	Article – Criminal Procedure 18
41	41
42	42	1–203. 19
43	43
44	44	(a) (1) [In this subsection, “no–knock search warrant” means a search warrant 20
45	45	that authorizes the executing law enforcement officer to enter a building, apartment, 21
46	46	premises, place, or thing to be searched without giving notice of the officer’s authority or 22
47	47	purpose. 23 2 HOUSE BILL 255
48	48
49	49
50	50
51	51	(2)] A circuit court judge or District Court judge may issue forthwith a 1
52	52	search warrant whenever it is made to appear to the judge, by application as described in 2
53	53	paragraph [(3)] (2) of this subsection, that there is probable cause to believe that: 3
54	54
55	55	(i) a misdemeanor or felony is being committed by a person or in a 4
56	56	building, apartment, premises, place, or thing within the territorial jurisdiction of the 5
57	57	judge; or 6
58	58
59	59	(ii) property subject to seizure under the criminal laws of the State 7
60	60	is on the person or in or on the building, apartment, premises, place, or thing. 8
61	61
62	62	[(3)] (2) (i) An application for a search warrant shall be: 9
63	63
64	64	1. in writing; 10
65	65
66	66	2. signed, dated, and sworn to by the applicant; and 11
67	67
68	68	3. accompanied by an affidavit that: 12
69	69
70	70	A. sets forth the basis for probable cause as described in 13
71	71	paragraph (1) of this subsection; and 14
72	72
73	73	B. contains facts within the personal knowledge of the affiant 15
74	74	that there is probable cause. 16
75	75
76	76	(ii) An application for a search warrant may be submitted to a judge: 17
77	77
78	78	1. by in–person delivery of the application, the affidavit, and 18
79	79	a proposed search warrant; 19
80	80
81	81	2. by secure fax, if a complete and printable image of the 20
82	82	application, the affidavit, and a proposed search warrant are submitted; or 21
83	83
84	84	3. by secure electronic mail, if a complete and printable 22
85	85	image of the application, the affidavit, and a proposed search warrant are submitted. 23
86	86
87	87	(iii) The applicant and the judge may converse about the search 24
88	88	warrant application: 25
89	89
90	90	1. in person; 26
91	91
92	92	2. via telephone; or 27
93	93
94	94	3. via video. 28
95	95
96	96	(iv) The judge may issue the search warrant: 29 HOUSE BILL 255 3
97	97
98	98
99	99
100	100	1. by signing the search warrant, indicating the date and 1
101	101	time of issuance on the search warrant, and physically delivering the signed and dated 2
102	102	search warrant, the application, and the affidavit to the applicant; 3
103	103
104	104	2. by signing the search warrant, writing the date and time 4
105	105	of issuance on the search warrant, and sending complete and printable images of the signed 5
106	106	and dated search warrant, the application, and the affidavit to the applicant by secure fax; 6
107	107	or 7
108	108
109	109	3. by signing the search warrant, either electronically or in 8
110	110	writing, indicating the date and time of issuance on the search warrant, and sending 9
111	111	complete and printable images of the signed and dated search warrant, the application, and 10
112	112	the affidavit to the applicant by secure electronic mail. 11
113	113
114	114	(v) The judge shall file a copy of the signed and dated search 12
115	115	warrant, the application, and the affidavit with the court. 13
116	116
117	117	[(vi) 1. If approved in writing by a police supervisor and the 14
118	118	State’s Attorney, an application for a search warrant may contain a request that the search 15
119	119	warrant be a no–knock search warrant, on the ground that there is reasonable suspicion to 16
120	120	believe that, without the authorization the life or safety of the executing officer or another 17
121	121	person may be endangered. 18
122	122
123	123	2. An application for a no–knock search warrant under this 19
124	124	subparagraph shall contain: 20
125	125
126	126	A. a description of the evidence in support of the application; 21
127	127
128	128	B. an explanation of the investigative activities that have 22
129	129	been undertaken and the information that has been gathered to support the request for a 23
130	130	no–knock search warrant; 24
131	131
132	132	C. an explanation of why the affiant is unable to detain the 25
133	133	suspect or search the premises using other, less invasive methods; 26
134	134
135	135	D. acknowledgment that any police officers who will execute 27
136	136	the search warrant have successfully completed the same training in breach and call–out 28
137	137	entry procedures as SWAT team members; 29
138	138
139	139	E. a statement as to whether the search warrant can 30
140	140	effectively be executed during daylight hours and, if not, what facts or circumstances 31
141	141	preclude effective execution in daylight hours; and 32
142	142
143	143	F. a list of any additional occupants of the premises by age 33
144	144	and gender, as well as an indication as to whether any individuals with cognitive or physical 34
145	145	disabilities or pets reside at the premises, if known. 35 4 HOUSE BILL 255
146	146
147	147
148	148
149	149	3. A no–knock search warrant shall be executed between 1
150	150	8:00 a.m. and 7:00 p.m., absent exigent circumstances.] 2
151	151
152	152	[(4)] (3) (I) The search warrant shall: 3
153	153
154	154	[(i)] 1. be directed to a duly constituted [police] LAW 4
155	155	ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 5
156	156	assistant of the Office of the State Fire Marshal and authorize the [police] LAW 6
157	157	ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 7
158	158	assistant of the Office of the State Fire Marshal to search the suspected person, building, 8
159	159	apartment, premises, place, or thing and to seize any property found subject to seizure 9
160	160	under the criminal laws of the State; AND 10
161	161
162	162	[(ii)] 2. name or describe, with reasonable particularity: 11
163	163
164	164	[1.] A. the person, building, apartment, premises, place, or 12
165	165	thing to be searched; 13
166	166
167	167	[2.] B. the grounds for the search; and 14
168	168
169	169	[3.] C. the name of the applicant on whose application the 15
170	170	search warrant was issued[; and 16
171	171
172	172	(iii) if warranted by application as described in paragraph (3) of this 17
173	173	subsection, authorize the executing law enforcement officer to enter the building, 18
174	174	apartment, premises, place, or thing to be searched without giving notice of the officer’s 19
175	175	authority or purpose]. 20
176	176
177	177	(II) THE SEARCH WARRANT MA Y NOT AUTHORIZE A LA W 21
178	178	ENFORCEMENT OF FICER EXECUTING THE WARRANT TO ENTER A B UILDING, AN 22
179	179	APARTMENT , A PREMISES , OR A PLACE TO BE SEA RCHED WITHOUT FIRST 23
180	180	ANNOUNCING THE LAW E NFORCEMENT OFFICER ’S PURPOSE AND AUTHOR ITY. 24
181	181
182	182	[(5)] (4) (i) The search and seizure under the authority of a search 25
183	183	warrant shall be made within 10 calendar days after the day that the search warrant is 26
184	184	issued. 27
185	185
186	186	(ii) After the expiration of the 10–day period, the search warrant is 28
187	187	void. 29
188	188
189	189	(5) THE SEARCH WARRANT MA Y BE EXECUTED ONLY B ETWEEN 8:00 30
190	190	A.M. AND 7:00 P.M. 31
191	191
192	192	(6) The executing law enforcement officer shall give a copy of the search 32 HOUSE BILL 255 5
193	193
194	194
195	195	warrant, the application, and the affidavit to an authorized occupant of the premises 1
196	196	searched or leave a copy of the search warrant, the application, and the affidavit at the 2
197	197	premises searched. 3
198	198
199	199	(7) (i) The executing law enforcement officer shall prepare a detailed 4
200	200	search warrant return which shall include the date and time of the execution of the search 5
201	201	warrant. 6
202	202
203	203	(ii) The executing law enforcement officer shall: 7
204	204
205	205	1. give a copy of the search warrant return to an authorized 8
206	206	occupant of the premises searched or leave a copy of the return at the premises searched; 9
207	207	and 10
208	208
209	209	2. file a copy of the search warrant return with the court in 11
210	210	person, by secure fax, or by secure electronic mail. 12
211	211
212	212	(8) (i) In this paragraph, “exigent circumstances” retains its judicially 13
213	213	determined meaning. 14
214	214
215	215	(ii) While executing a search warrant, a [police] LAW 15
216	216	ENFORCEMENT officer shall be clearly recognizable and identifiable as a [police] LAW 16
217	217	ENFORCEMENT officer, wearing a uniform, badge, and tag bearing the name and 17
218	218	identification number of the [police] LAW ENFORCEMENT officer. 18
219	219
220	220	(iii) 1. This subparagraph applies to a [police] LAW 19
221	221	ENFORCEMENT officer whose law enforcement agency requires the use of body–worn 20
222	222	cameras. 21
223	223
224	224	2. A [police] LAW ENFORCEMENT officer executing a search 22
225	225	warrant shall use a body–worn camera during the course of the search in accordance with 23
226	226	the policies established by the [police] LAW ENFORCEMENT officer’s law enforcement 24
227	227	agency. 25
228	228
229	229	(iv) 1. [Unless executing a no–knock search warrant, a police] 26
230	230	BEFORE ENTERING A BUI LDING, AN APARTMENT , A PREMISES, OR A PLACE TO BE 27
231	231	SEARCHED UNDER THE A UTHORITY OF THE SEAR CH WARRANT , A LAW 28
232	232	ENFORCEMENT OFFICER EXECU TING THE WARRANT SHA LL GIVE NOTICE 29
233	233	REASONABLY CALCULATE D TO ALERT ANY OCCUP ANTS WITHIN THE BUIL DING, 30
234	234	APARTMENT , PREMISES, OR PLACE OF THE LAW ENFORCEMENT OFFICER’S 31
235	235	AUTHORITY AND PURPOS E. 32
236	236
237	237	2. A LAW ENFORCEMENT officer shall allow a minimum of 33
238	238	20 seconds for the occupants of a residence to respond and open the door before the [police] 34
239	239	LAW ENFORCEMENT officer attempts to enter the residence, absent exigent 35 6 HOUSE BILL 255
240	240
241	241
242	242	circumstances. 1
243	243
244	244	(v) A [police] LAW ENFORCEMENT officer may not use flashbang, 2
245	245	stun, distraction, or other similar military–style devices when executing a search warrant, 3
246	246	absent exigent circumstances. 4
247	247
248	248	(b) (1) A circuit court judge or District Court judge shall cause property taken 5
249	249	under a search warrant to be restored to the person from whom it was taken if, at any time, 6
250	250	on application to the judge, it appears that: 7
251	251
252	252	(i) the property taken is not the same as that described in the search 8
253	253	warrant; 9
254	254
255	255	(ii) there is no probable cause for believing the existence of the 10
256	256	grounds on which the search warrant was issued; or 11
257	257
258	258	(iii) the property was taken under a search warrant issued more than 12
259	259	[15] 10 calendar days before the seizure. 13
260	260
261	261	(2) The judge may receive an oral motion made in open court at any time 14
262	262	making application for the return of seized property if the application for return is based 15
263	263	on any ground described in paragraph (1) of this subsection. 16
264	264
265	265	(3) If the judge grants the oral motion described in paragraph (2) of this 17
266	266	subsection, the order of the court shall be in writing and a copy of the order shall be sent to 18
267	267	the State’s Attorney. 19
268	268
269	269	(4) Court costs may not be assessed against the person from whom the 20
270	270	property was taken if: 21
271	271
272	272	(i) the judge denies the oral motion and requires the person from 22
273	273	whom the property was taken to proceed for return of the seized property by petition and 23
274	274	an order to show cause to the police authority seizing the property; and 24
275	275
276	276	(ii) it is later ordered that the property be restored to the person from 25
277	277	whom it was taken. 26
278	278
279	279	(5) If the judge finds that the property taken is the same as that described 27
280	280	in the search warrant and that there is probable cause for believing the existence of the 28
281	281	grounds on which the search warrant was issued, the judge shall order the property to be 29
282	282	retained in the custody of the police authority seizing it or to be otherwise disposed of 30
283	283	according to law. 31
284	284
285	285	(c) (1) This subsection does not apply to contraband or other property 32
286	286	prohibited by law from being recoverable. 33
287	287
288	288	(2) Property seized under a search warrant issued under subsection (a) of 34 HOUSE BILL 255 7
289	289
290	290
291	291	this section may be returned to the person to whom the property belongs without the 1
292	292	necessity of that person bringing an action for replevin or any other proceeding against the 2
293	293	unit with custody of the property if: 3
294	294
295	295	(i) the criminal case in which the property was seized is disposed of 4
296	296	because of a nolle prosequi, dismissal, or acquittal; 5
297	297
298	298	(ii) the State does not appeal the criminal case in which the property 6
299	299	was seized; or 7
300	300
301	301	(iii) the time for appeal has expired. 8
302	302
303	303	(d) (1) A circuit court judge or District Court judge shall cause property 9
304	304	rightfully taken under a search warrant to be restored to the person from whom it was 10
305	305	taken if, at any time, on application to the judge, the judge finds that the property is being 11
306	306	wrongfully withheld after there is no further need for retention of the property. 12
307	307
308	308	(2) The judge may receive an oral motion made in open court at any time 13
309	309	making application for the return of seized property if the application for return is based 14
310	310	on the ground that the property, although rightfully taken under a search warrant, is being 15
311	311	wrongfully withheld after there is no further need for retention of the property. 16
312	312
313	313	(3) If the judge grants the oral motion described in paragraph (2) of this 17
314	314	subsection, the order of the court shall be in writing and a copy of the order shall be sent to 18
315	315	the State’s Attorney. 19
316	316
317	317	(4) Court costs may not be assessed against the person from whom the 20
318	318	property was taken if: 21
319	319
320	320	(i) the judge denies the oral motion and requires the person from 22
321	321	whom the property was taken to proceed for return of the seized property by petition and 23
322	322	an order to show cause to the police authority wrongfully withholding the property; and 24
323	323
324	324	(ii) it is later ordered that the property be restored to the person from 25
325	325	whom it was taken. 26
326	326
327	327	(e) (1) Notwithstanding any provision of the Maryland Rules, a circuit court 27
328	328	judge or District Court judge, on a finding of good cause, may order that an affidavit 28
329	329	presented in support of a search and seizure warrant be sealed for a period not exceeding 29
330	330	30 days. 30
331	331
332	332	(2) A finding of good cause required by paragraph (1) of this subsection is 31
333	333	established by evidence that: 32
334	334
335	335	(i) the criminal investigation to which the affidavit is related is of a 33
336	336	continuing nature and likely to yield further information that could be of use in prosecuting 34
337	337	alleged criminal activities; and 35 8 HOUSE BILL 255
338	338
339	339
340	340
341	341	(ii) the failure to maintain the confidentiality of the investigation 1
342	342	would: 2
343	343
344	344	1. jeopardize the use of information already obtained in the 3
345	345	investigation; 4
346	346
347	347	2. impair the continuation of the investigation; or 5
348	348
349	349	3. jeopardize the safety of a source of information. 6
350	350
351	351	(3) A court may grant one 30–day extension of the time that an affidavit 7
352	352	presented in support of a search and seizure warrant is to remain sealed if: 8
353	353
354	354	(i) law enforcement provides continued evidence as described in 9
355	355	paragraph (2) of this subsection; and 10
356	356
357	357	(ii) the court makes a finding of good cause based on the evidence. 11
358	358
359	359	(4) After the order sealing the affidavit expires, the affidavit shall be: 12
360	360
361	361	(i) unsealed; and 13
362	362
363	363	(ii) delivered within 15 days: 14
364	364
365	365	1. to the person from whom the property was taken; or 15
366	366
367	367	2. if that person is not on the premises at the time of delivery, 16
368	368	to the person apparently in charge of the premises from which the property was taken. 17
369	369
370	370	Article – Public Safety 18
371	371
372	372	3–207. 19
373	373
374	374	(a) The Commission has the following powers and duties: 20
375	375
376	376	(24) to consult and cooperate with commanders of SWAT teams to develop 21
377	377	standards for training and deployment of SWAT teams [and of law enforcement officers 22
378	378	who are not members of a SWAT team who conduct no–knock warrant service in the State] 23
379	379	based on best practices in the State and nationwide. 24
380	380
381	381	3–525. 25
382	382
383	383	(a) (1) In this section the following words have the meanings indicated. 26
384	384
385	385	(2) “Law enforcement agency” has the meaning stated in § 3–201 of this 27
386	386	title. 28 HOUSE BILL 255 9
387	387
388	388
389	389
390	390	(3) [“No–knock search warrant” means a search warrant authorizing entry 1
391	391	into a building, an apartment, a premises, a place, or a thing to be searched without giving 2
392	392	notice of the officer’s authority or purpose. 3
393	393
394	394	(4)] “Police officer” has the meaning stated in § 3–201 of this title. 4
395	395
396	396	[(5)] (4) “SWAT team” means a special unit composed of two or more 5
397	397	police officers within a law enforcement agency trained to deal with unusually dangerous 6
398	398	or violent situations and having special equipment and weapons, including rifles more 7
399	399	powerful than those carried by regular police officers. 8
400	400
401	401	(b) A law enforcement agency shall report the following information relating to 9
402	402	search warrants executed by the law enforcement agency during the prior calendar year to 10
403	403	the Governor’s Office of Crime Prevention and Policy using the format developed under 11
404	404	subsection (c) of this section: 12
405	405
406	406	[(1) the number of times a no–knock search warrant was executed in the 13
407	407	previous year; 14
408	408
409	409	(2) the name of the county and municipal corporation and the zip code of 15
410	410	the location where each no–knock search warrant was executed;] 16
411	411
412	412	[(3)] (1) for each search warrant executed, the number of days from the 17
413	413	issuance until the execution of the search warrant[, disaggregated by whether the search 18
414	414	warrant was a no–knock search warrant]; 19
415	415
416	416	[(4) the legal basis for each no–knock search warrant issued;] 20
417	417
418	418	[(5)] (2) the number of times a search warrant was executed under 21
419	419	circumstances in which a police officer made forcible entry into the building, apartment, 22
420	420	premises, place, or thing to be searched specified in the warrant; 23
421	421
422	422	[(6)] (3) the number of times a SWAT team was deployed to execute a 24
423	423	search warrant; 25
424	424
425	425	[(7)] (4) the number of arrests made, if any, during the execution of a 26
426	426	search warrant; 27
427	427
428	428	[(8)] (5) the number of times property was seized during the execution of 28
429	429	a search warrant; 29
430	430
431	431	[(9)] (6) the number of times a weapon was discharged by a police officer 30
432	432	during the execution of a search warrant; and 31
433	433
434	434	[(10)] (7) the number of times a person or domestic animal was injured or 32 10 HOUSE BILL 255
435	435
436	436
437	437	killed during the execution of a search warrant, disaggregated by whether the person or 1
438	438	animal was injured or killed by a police officer. 2
439	439
440	440	SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect 3
441	441	October 1, 2025. 4