AB 381

This bill requires each law enforcement agency to develop a policy on when to

request and when to execute a no-knock warrant and to submit the policy to the

Department of Justice (DOJ).

Under current law, a law enforcement officer executing a search warrant must

knock before entering a building unless, at the time the warrant is executed, the law

enforcement officer has a reasonable suspicion that knocking and announcing will

be dangerous or futile or will inhibit the effective investigation of the crime. This bill

requires each law enforcement agency to submit to DOJ a written policy on the

circumstances under which a law enforcement officer may request a search warrant

allowing a no-knock entry and under which a law enforcement officer may execute

a no-knock entry if the warrant does not specifically permit such an entry. This bill

also requires each law enforcement agency to submit to DOJ a report detailing the

following: 1) the number of search warrants executed without knocking, whether or

not the search warrant specifically authorized such entry; 2) the number of search

warrants issued that specifically authorized entry without knocking; 3) the number

of search warrants issued that did not specifically authorize entry without knocking;

4) the number of search warrants that did not specifically authorize entry without

knocking but that were executed without knocking, including an explanation for the

entry; and 5) the total number of search warrants issued.