SB 197 - This act modifies provisions relating to warrants executed by law enforcement officers.
WARRANTS AUTHORIZING ENTRY WITHOUT NOTICE (Section 542.272)
This act provides that no arrest or search warrant shall be issued authorizing entry without notice unless:
• The court finds by clear and convincing evidence that the offense alleged is an offense involving a dangerous felony or terrorism or the person subject to the warrant is a persistent or dangerous offender;
• The court finds by clear and convincing evidence that giving notice prior to entry will endanger the life or safety of people on the premises or will result in the loss of evidence that may give rise to a charge of an offense which would qualify a person as a dangerous offender or offense of terrorism;
• The law enforcement officer seeking the warrant has obtained the approval of his or her supervising officer;
• The law enforcement officer seeking the warrant has consulted with the prosecuting or circuit attorney in the jurisdiction where the warrant is sought;
• The law enforcement officer seeking the warrant discloses to the judge any other attempt to obtain a warrant authorizing entry without notice for the same premises or for the same individual;
• The warrant authorizes the entry without notice only between 6 A.M. and 10 P.M., unless exigent circumstances exist and the court further finds by clear and convincing evidence that there are substantial risks to the safety of the person executing the warrant or the occupants of the premises; and
• If the warrant is not issued electronically, the warrant shall include the legibly printed name and signature of the judge.
A judge shall review any applicant for a warrant as a neutral magistrate and any violation shall be reported to the Commission on Retirement, Removal, and Discipline.
A warrant issued under this act shall be executed by a law enforcement officer who is:
• A member of a special weapons and tactics team, except as provided in the act;
• Equipped with body-worn cameras or other audio-visual recording devices; and
• Equipped with clearly visible insignia on the front and back of protective equipment that identifies the person as a law enforcement officer.
Law enforcement officers executing warrants shall be accompanied by a certified or licensed emergency medical technician, if needed.
Evidence gathered by use of a warrant authorizing entry without notice shall be inadmissible except as provided in the act.
Finally, if exigent circumstances exist or are newly discovered prior to entry, a warrant authorizing entry without notice shall not be prohibited.
OFFENSE OF PERJURY (Section 575.040)
This act provides that the offense of perjury committed by falsifying a statement in a written instrument for the purpose of misleading a public servant when he or she is subscribing a warrant relating to an alleged sexual offense by a spouse is a Class D felony.
This act is similar to SB 1105 (2022).
MARY GRACE PRINGLE