EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0255*
HOUSE BILL 255
E2 5lr0845
HB 27/24 – JUD (PRE–FILED)
By: Delegate Acevero
Requested: September 16, 2024
Introduced and read first time: January 8, 2025
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 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Public Safety 12
Section 3–207(a)(24) and 3–525(a) and (b) 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Procedure 18
1–203. 19
(a) (1) [In this subsection, “no–knock search warrant” means a search warrant 20
that authorizes the executing law enforcement officer to enter a building, apartment, 21
premises, place, or thing to be searched without giving notice of the officer’s authority or 22
purpose. 23 2 HOUSE BILL 255
(2)] A circuit court judge or District Court judge may issue forthwith a 1
search warrant whenever it is made to appear to the judge, by application as described in 2
paragraph [(3)] (2) of this subsection, that there is probable cause to believe that: 3
(i) a misdemeanor or felony is being committed by a person or in a 4
building, apartment, premises, place, or thing within the territorial jurisdiction of the 5
judge; or 6
(ii) property subject to seizure under the criminal laws of the State 7
is on the person or in or on the building, apartment, premises, place, or thing. 8
[(3)] (2) (i) An application for a search warrant shall be: 9
1. in writing; 10
2. signed, dated, and sworn to by the applicant; and 11
3. accompanied by an affidavit that: 12
A. sets forth the basis for probable cause as described in 13
paragraph (1) of this subsection; and 14
B. contains facts within the personal knowledge of the affiant 15
that there is probable cause. 16
(ii) An application for a search warrant may be submitted to a judge: 17
1. by in–person delivery of the application, the affidavit, and 18
a proposed search warrant; 19
2. by secure fax, if a complete and printable image of the 20
application, the affidavit, and a proposed search warrant are submitted; or 21
3. by secure electronic mail, if a complete and printable 22
image of the application, the affidavit, and a proposed search warrant are submitted. 23
(iii) The applicant and the judge may converse about the search 24
warrant application: 25
1. in person; 26
2. via telephone; or 27
3. via video. 28
(iv) The judge may issue the search warrant: 29 HOUSE BILL 255 3
1. by signing the search warrant, indicating the date and 1
time of issuance on the search warrant, and physically delivering the signed and dated 2
search warrant, the application, and the affidavit to the applicant; 3
2. by signing the search warrant, writing the date and time 4
of issuance on the search warrant, and sending complete and printable images of the signed 5
and dated search warrant, the application, and the affidavit to the applicant by secure fax; 6
or 7
3. by signing the search warrant, either electronically or in 8
writing, indicating the date and time of issuance on the search warrant, and sending 9
complete and printable images of the signed and dated search warrant, the application, and 10
the affidavit to the applicant by secure electronic mail. 11
(v) The judge shall file a copy of the signed and dated search 12
warrant, the application, and the affidavit with the court. 13
[(vi) 1. If approved in writing by a police supervisor and the 14
State’s Attorney, an application for a search warrant may contain a request that the search 15
warrant be a no–knock search warrant, on the ground that there is reasonable suspicion to 16
believe that, without the authorization the life or safety of the executing officer or another 17
person may be endangered. 18
2. An application for a no–knock search warrant under this 19
subparagraph shall contain: 20
A. a description of the evidence in support of the application; 21
B. an explanation of the investigative activities that have 22
been undertaken and the information that has been gathered to support the request for a 23
no–knock search warrant; 24
C. an explanation of why the affiant is unable to detain the 25
suspect or search the premises using other, less invasive methods; 26
D. acknowledgment that any police officers who will execute 27
the search warrant have successfully completed the same training in breach and call–out 28
entry procedures as SWAT team members; 29
E. a statement as to whether the search warrant can 30
effectively be executed during daylight hours and, if not, what facts or circumstances 31
preclude effective execution in daylight hours; and 32
F. a list of any additional occupants of the premises by age 33
and gender, as well as an indication as to whether any individuals with cognitive or physical 34
disabilities or pets reside at the premises, if known. 35 4 HOUSE BILL 255
3. A no–knock search warrant shall be executed between 1
8:00 a.m. and 7:00 p.m., absent exigent circumstances.] 2
[(4)] (3) (I) The search warrant shall: 3
[(i)] 1. be directed to a duly constituted [police] LAW 4
ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 5
assistant of the Office of the State Fire Marshal and authorize the [police] LAW 6
ENFORCEMENT officer, the State Fire Marshal, or a full–time investigative and inspection 7
assistant of the Office of the State Fire Marshal to search the suspected person, building, 8
apartment, premises, place, or thing and to seize any property found subject to seizure 9
under the criminal laws of the State; AND 10
[(ii)] 2. name or describe, with reasonable particularity: 11
[1.] A. the person, building, apartment, premises, place, or 12
thing to be searched; 13
[2.] B. the grounds for the search; and 14
[3.] C. the name of the applicant on whose application the 15
search warrant was issued[; and 16
(iii) if warranted by application as described in paragraph (3) of this 17
subsection, authorize the executing law enforcement officer to enter the building, 18
apartment, premises, place, or thing to be searched without giving notice of the officer’s 19
authority or purpose]. 20
(II) THE SEARCH WARRANT MA Y NOT AUTHORIZE A LA W 21
ENFORCEMENT OF FICER EXECUTING THE WARRANT TO ENTER A B UILDING, AN 22
APARTMENT , A PREMISES , OR A PLACE TO BE SEA RCHED WITHOUT FIRST 23
ANNOUNCING THE LAW E NFORCEMENT OFFICER ’S PURPOSE AND AUTHOR ITY. 24
[(5)] (4) (i) The search and seizure under the authority of a search 25
warrant shall be made within 10 calendar days after the day that the search warrant is 26
issued. 27
(ii) After the expiration of the 10–day period, the search warrant is 28
void. 29
(5) THE SEARCH WARRANT MA Y BE EXECUTED ONLY B ETWEEN 8:00 30
A.M. AND 7:00 P.M. 31
(6) The executing law enforcement officer shall give a copy of the search 32 HOUSE BILL 255 5
warrant, the application, and the affidavit to an authorized occupant of the premises 1
searched or leave a copy of the search warrant, the application, and the affidavit at the 2
premises searched. 3
(7) (i) The executing law enforcement officer shall prepare a detailed 4
search warrant return which shall include the date and time of the execution of the search 5
warrant. 6
(ii) The executing law enforcement officer shall: 7
1. give a copy of the search warrant return to an authorized 8
occupant of the premises searched or leave a copy of the return at the premises searched; 9
and 10
2. file a copy of the search warrant return with the court in 11
person, by secure fax, or by secure electronic mail. 12
(8) (i) In this paragraph, “exigent circumstances” retains its judicially 13
determined meaning. 14
(ii) While executing a search warrant, a [police] LAW 15
ENFORCEMENT officer shall be clearly recognizable and identifiable as a [police] LAW 16
ENFORCEMENT officer, wearing a uniform, badge, and tag bearing the name and 17
identification number of the [police] LAW ENFORCEMENT officer. 18
(iii) 1. This subparagraph applies to a [police] LAW 19
ENFORCEMENT officer whose law enforcement agency requires the use of body–worn 20
cameras. 21
2. A [police] LAW ENFORCEMENT officer executing a search 22
warrant shall use a body–worn camera during the course of the search in accordance with 23
the policies established by the [police] LAW ENFORCEMENT officer’s law enforcement 24
agency. 25
(iv) 1. [Unless executing a no–knock search warrant, a police] 26
BEFORE ENTERING A BUI LDING, AN APARTMENT , A PREMISES, OR A PLACE TO BE 27
SEARCHED UNDER THE A UTHORITY OF THE SEAR CH WARRANT , A LAW 28
ENFORCEMENT OFFICER EXECU TING THE WARRANT SHA LL GIVE NOTICE 29
REASONABLY CALCULATE D TO ALERT ANY OCCUP ANTS WITHIN THE BUIL DING, 30
APARTMENT , PREMISES, OR PLACE OF THE LAW ENFORCEMENT OFFICER’S 31
AUTHORITY AND PURPOS E. 32
2. A LAW ENFORCEMENT officer shall allow a minimum of 33
20 seconds for the occupants of a residence to respond and open the door before the [police] 34
LAW ENFORCEMENT officer attempts to enter the residence, absent exigent 35 6 HOUSE BILL 255
circumstances. 1
(v) A [police] LAW ENFORCEMENT officer may not use flashbang, 2
stun, distraction, or other similar military–style devices when executing a search warrant, 3
absent exigent circumstances. 4
(b) (1) A circuit court judge or District Court judge shall cause property taken 5
under a search warrant to be restored to the person from whom it was taken if, at any time, 6
on application to the judge, it appears that: 7
(i) the property taken is not the same as that described in the search 8
warrant; 9
(ii) there is no probable cause for believing the existence of the 10
grounds on which the search warrant was issued; or 11
(iii) the property was taken under a search warrant issued more than 12
[15] 10 calendar days before the seizure. 13
(2) The judge may receive an oral motion made in open court at any time 14
making application for the return of seized property if the application for return is based 15
on any ground described in paragraph (1) of this subsection. 16
(3) If the judge grants the oral motion described in paragraph (2) of this 17
subsection, the order of the court shall be in writing and a copy of the order shall be sent to 18
the State’s Attorney. 19
(4) Court costs may not be assessed against the person from whom the 20
property was taken if: 21
(i) the judge denies the oral motion and requires the person from 22
whom the property was taken to proceed for return of the seized property by petition and 23
an order to show cause to the police authority seizing the property; and 24
(ii) it is later ordered that the property be restored to the person from 25
whom it was taken. 26
(5) If the judge finds that the property taken is the same as that described 27
in the search warrant and that there is probable cause for believing the existence of the 28
grounds on which the search warrant was issued, the judge shall order the property to be 29
retained in the custody of the police authority seizing it or to be otherwise disposed of 30
according to law. 31
(c) (1) This subsection does not apply to contraband or other property 32
prohibited by law from being recoverable. 33
(2) Property seized under a search warrant issued under subsection (a) of 34 HOUSE BILL 255 7
this section may be returned to the person to whom the property belongs without the 1
necessity of that person bringing an action for replevin or any other proceeding against the 2
unit with custody of the property if: 3
(i) the criminal case in which the property was seized is disposed of 4
because of a nolle prosequi, dismissal, or acquittal; 5
(ii) the State does not appeal the criminal case in which the property 6
was seized; or 7
(iii) the time for appeal has expired. 8
(d) (1) A circuit court judge or District Court judge shall cause property 9
rightfully taken under a search warrant to be restored to the person from whom it was 10
taken if, at any time, on application to the judge, the judge finds that the property is being 11
wrongfully withheld after there is no further need for retention of the property. 12
(2) The judge may receive an oral motion made in open court at any time 13
making application for the return of seized property if the application for return is based 14
on the ground that the property, although rightfully taken under a search warrant, is being 15
wrongfully withheld after there is no further need for retention of the property. 16
(3) If the judge grants the oral motion described in paragraph (2) of this 17
subsection, the order of the court shall be in writing and a copy of the order shall be sent to 18
the State’s Attorney. 19
(4) Court costs may not be assessed against the person from whom the 20
property was taken if: 21
(i) the judge denies the oral motion and requires the person from 22
whom the property was taken to proceed for return of the seized property by petition and 23
an order to show cause to the police authority wrongfully withholding the property; and 24
(ii) it is later ordered that the property be restored to the person from 25
whom it was taken. 26
(e) (1) Notwithstanding any provision of the Maryland Rules, a circuit court 27
judge or District Court judge, on a finding of good cause, may order that an affidavit 28
presented in support of a search and seizure warrant be sealed for a period not exceeding 29
30 days. 30
(2) A finding of good cause required by paragraph (1) of this subsection is 31
established by evidence that: 32
(i) the criminal investigation to which the affidavit is related is of a 33
continuing nature and likely to yield further information that could be of use in prosecuting 34
alleged criminal activities; and 35 8 HOUSE BILL 255
(ii) the failure to maintain the confidentiality of the investigation 1
would: 2
1. jeopardize the use of information already obtained in the 3
investigation; 4
2. impair the continuation of the investigation; or 5
3. jeopardize the safety of a source of information. 6
(3) A court may grant one 30–day extension of the time that an affidavit 7
presented in support of a search and seizure warrant is to remain sealed if: 8
(i) law enforcement provides continued evidence as described in 9
paragraph (2) of this subsection; and 10
(ii) the court makes a finding of good cause based on the evidence. 11
(4) After the order sealing the affidavit expires, the affidavit shall be: 12
(i) unsealed; and 13
(ii) delivered within 15 days: 14
1. to the person from whom the property was taken; or 15
2. if that person is not on the premises at the time of delivery, 16
to the person apparently in charge of the premises from which the property was taken. 17
Article – Public Safety 18
3–207. 19
(a) The Commission has the following powers and duties: 20
(24) to consult and cooperate with commanders of SWAT teams to develop 21
standards for training and deployment of SWAT teams [and of law enforcement officers 22
who are not members of a SWAT team who conduct no–knock warrant service in the State] 23
based on best practices in the State and nationwide. 24
3–525. 25
(a) (1) In this section the following words have the meanings indicated. 26
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this 27
title. 28 HOUSE BILL 255 9
(3) [“No–knock search warrant” means a search warrant authorizing entry 1
into a building, an apartment, a premises, a place, or a thing to be searched without giving 2
notice of the officer’s authority or purpose. 3
(4)] “Police officer” has the meaning stated in § 3–201 of this title. 4
[(5)] (4) “SWAT team” means a special unit composed of two or more 5
police officers within a law enforcement agency trained to deal with unusually dangerous 6
or violent situations and having special equipment and weapons, including rifles more 7
powerful than those carried by regular police officers. 8
(b) A law enforcement agency shall report the following information relating to 9
search warrants executed by the law enforcement agency during the prior calendar year to 10
the Governor’s Office of Crime Prevention and Policy using the format developed under 11
subsection (c) of this section: 12
[(1) the number of times a no–knock search warrant was executed in the 13
previous year; 14
(2) the name of the county and municipal corporation and the zip code of 15
the location where each no–knock search warrant was executed;] 16
[(3)] (1) for each search warrant executed, the number of days from the 17
issuance until the execution of the search warrant[, disaggregated by whether the search 18
warrant was a no–knock search warrant]; 19
[(4) the legal basis for each no–knock search warrant issued;] 20
[(5)] (2) the number of times a search warrant was executed under 21
circumstances in which a police officer made forcible entry into the building, apartment, 22
premises, place, or thing to be searched specified in the warrant; 23
[(6)] (3) the number of times a SWAT team was deployed to execute a 24
search warrant; 25
[(7)] (4) the number of arrests made, if any, during the execution of a 26
search warrant; 27
[(8)] (5) the number of times property was seized during the execution of 28
a search warrant; 29
[(9)] (6) the number of times a weapon was discharged by a police officer 30
during the execution of a search warrant; and 31
[(10)] (7) the number of times a person or domestic animal was injured or 32 10 HOUSE BILL 255
killed during the execution of a search warrant, disaggregated by whether the person or 1
animal was injured or killed by a police officer. 2
SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect 3
October 1, 2025. 4