First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0156.03 Michael Dohr x4347
SENATE BILL 23-254
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING ENTRY INTO A DWELLING BY A PEACE OFFICER.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a court may only grant a no-knock search
warrant under certain circumstances. The bill adds to those circumstances
a requirement that there is either probable cause for an arrest of a suspect
or no-knock entry is necessary because of an imminent danger to the life
of any person including the executing officers.
The bill requires a peace officer executing a search warrant to:
! Execute the warrant between the hours of 9 a.m. and 7 p.m.
unless the judge authorizes execution at another time;
SENATE SPONSORSHIP
Fields and Gonzales, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg,
Jaquez Lewis, Kolker, Moreno, Rodriguez, Winter F.
HOUSE SPONSORSHIP
Epps and Weissman, Bacon, deGruy Kennedy, English, Garcia, Gonzales-Gutierrez,
Jodeh, Lindsay, Mabrey, Sharbini, Velasco, Woodrow
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
! Be readily identifiable as a law enforcement officer in
uniform, wearing a visible law enforcement badge;
! Wear and activate a body-worn camera when entering a
premises for the purpose of executing a search warrant; and
! Knock-and-announce the officer's presence at a volume
loud enough for the officer to reasonably believe the
occupants inside can hear and allow a reasonable amount
of time before entering given the size of the dwelling for
someone to get to the door, except when the court
authorizes a no-knock warrant or if the circumstances
known to the officer at the time provide a objectively
reasonable basis that a no-knock entry or not waiting a
reasonable amount of time is necessary because of an
emergency threatening life of or grave injury to a person,
provided that the imminent danger is not created by law
enforcement itself.
The bill requires a peace officer who makes a warrantless entry
into a dwelling to:
! Wear and activate a body-worn camera when entering a
premises for the purpose of enforcing the law; and
! Knock-and-announce the officer's presence at a volume
loud enough for the officer to reasonably believe the
occupants inside can hear and allow a reasonable amount
of time before entering given the size of the dwelling for
someone to get to the door, except if the circumstances
known to the officer at the time provide an objectively
reasonable basis to believe that a no-knock entry or not
waiting a reasonable amount of time is necessary because:
! Of an emergency threatening the life of or grave
injury to a person, provided that the imminent
danger is not created by law enforcement itself; or
! The officer is engaged in hot pursuit of a fleeing
suspect.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-3-303, amend (6);2
and add (4)(a.5) as follows:3
16-3-303. Search warrants - application - definition. (4) A4
no-knock search warrant shall be issued only if the affidavit for such5
warrant:6
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(a.5) ESTABLISHES THAT A NO-KNOCK ENTRY IS NECESSARY1
BECAUSE OF THE IMMINENT DANGER TO THE LIFE OF ANY PERSON,2
INCLUDING THE PEACE OFFICERS EXECUTING THE WARRANT;3
(6) For the purposes of this section, unless the context otherwise4
requires, "no-knock search warrant" means a search warrant served by
5
entry without prior identification
THAT DOES NOT REQUIRE COMPLIANCE6
WITH SECTION 16-3-305 (7)(d).7
SECTION 2. In Colorado Revised Statutes, 16-3-305, amend (1);8
and add (1.5) and (7) as follows:9
16-3-305. Search warrants - direction - execution and return10
- legislative declaration. (1) Except as otherwise provided in this
11
section, a search warrant shall be directed to any officer authorized by law
12
to execute it in the county wherein the property is located.
THE GENERAL13
ASSEMBLY FINDS AND DECLARES THAT:14
(a) W
HEN LAW ENFORCEMENT ENTERS A DWELLING, THE SAFETY15
AND PRESERVATION OF LIFE OF ALL OCCUPANTS AND LAW ENFORCEMENT16
OFFICERS IS PARAMOUNT;17
(b) A
NO-KNOCK ENTRY INTO A DWELLING CAN INCREASE DANGER18
AND CONFUSION BECAUSE OCCUPANTS MAY NOT RECOGNIZE LAW19
ENFORCEMENT IS MAKING ENTRY AND MAY MISTAKE THE ENTRY AS ENTRY20
BY AN UNLAWFUL INTRUDER;21
(c) N
O-KNOCK ENTRIES INTO DWELLINGS HAVE, IN SEVERAL22
INSTANCES ACROSS THE COUNTRY, INCLUDED NEGATIVE OUTCOMES AND23
THE LOSS OF LIFE;24
(d) M
AKING NO-KNOCK ENTRIES TO PREVENT THE DESTRUCTION25
OF EVIDENCE, ESPECIALLY IN DRUG CASES, DOES NOT JUSTIFY THE RISK TO26
HUMAN LIFE;27
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(e) NO-KNOCK ENTRIES SHOULD BE MADE ONLY WHEN DOING SO1
IS NECESSARY TO PROTECT HUMAN LIFE AND NOT WHEN DOING SO WOULD2
INCREASE THE RISK TO HUMAN LIFE; AND3
(f) T
HE STANDARD FOR WARRANTLESS NO-KNOCK ENTRIES SHOULD4
BE SUBSTANTIALLY THE SAME AS THE STANDARD NO-KNOCK WARRANTS.5
(1.5) E
XCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A SEARCH6
WARRANT SHALL BE DIRECTED TO ANY OFFICER AUTHORIZED BY LAW TO7
EXECUTE IT IN THE COUNTY WHEREIN THE PROPERTY IS LOCATED.8
(7) W
HEN A PEACE OFFICER, HAVING A WARRANT FOR THE SEARCH9
OF A DWELLING, EXECUTES THE SEARCH WARRANT, THE OFFICER SHALL:10
(a) E
XECUTE THE WARRANT BETWEEN THE HOURS OF 9 A.M. AND11
7
P.M. UNLESS THE JUDGE, FOR GOOD CAUSE, EXPRESSLY AUTHORIZES12
EXECUTION AT ANOTHER TIME;13
(b) B
E READILY IDENTIFIABLE AS A LAW ENFORCEMENT OFFICER14
IN UNIFORM OR WEARING A VISIBLE LAW ENFORCEMENT BADGE AND15
CLEARLY IDENTIFY THEMSELVES AS A LAW ENFORCEMENT OFFICER;16
(c) W
EAR AND ACTIVATE A BODY-WORN CAMERA AS REQUIRED BY17
SECTION 24-31-902 (1)(a)(II)(A) WHEN ENTERING A PREMISES FOR THE18
PURPOSE OF ENFORCING THE LAW; AND19
(d) K
NOCK-AND-ANNOUNCE THE OFFICER'S PRESENCE AT A20
VOLUME LOUD ENOUGH FOR THE OFFICER TO REASONABLY BELIEVE THE21
OCCUPANTS INSIDE CAN HEAR, ALLOW A REASONABLE AMOUNT OF TIME22
BEFORE ENTERING GIVEN THE SIZE OF THE DWELLING FOR SOMEONE TO GET23
TO THE DOOR, AND DELAY ENTRY IF THE OFFICER HAS REASON TO BELIEVE24
THAT SOMEONE IS APPROACHING THE DWELLING'S ENTRANCE WITH THE25
INTENT OF VOLUNTARILY ALLOWING THE OFFICER TO ENTER THE26
DWELLING; EXCEPT THAT THIS SUBSECTION (7)(d) DOES NOT APPLY IF:27
SB23-254
-4-
(I) A COURT AUTHORIZES A NO-KNOCK WARRANT PURSUANT TO1
SECTION 16-3-303; OR2
(II) T
HE CIRCUMSTANCES KNOWN TO THE OFFICER AT THE TIME3
PROVIDE AN OBJECTIVELY REASONABLE BASIS TO BELIEVE THAT A4
NO-KNOCK ENTRY OR NOT WAITING A REASONABLE AMOUNT OF TIME IS5
NECESSARY BECAUSE OF AN EMERGENCY THREATENING THE LIFE OF OR6
GRAVE INJURY TO A PERSON, PROVIDED THAT THE IMMINENT DANGER IS7
NOT CREATED BY LAW ENFORCEMENT ITSELF.8
SECTION 3. In Colorado Revised Statutes, add 16-3-312 as9
follows:10
16-3-312. Warrantless entry of a dwelling. (1) W
HEN A PEACE11
OFFICER MAKES A WARRANTLESS ENTRY INTO A DWELLING IN WHICH12
OCCUPANTS ARE UNAWARE LAW ENFORCEMENT IS PRESENT AND MAKING13
ENTRY, THE OFFICER SHALL:14
(a) W
EAR AND ACTIVATE A BODY-WORN CAMERA AS REQUIRED BY15
SECTION 24-31-902 (1)(a)(II)(A) WHEN ENTERING A PREMISES FOR THE16
PURPOSE OF ENFORCING THE LAW; AND17
(b) K
NOCK-AND-ANNOUNCE THE OFFICER'S PRESENCE AT A18
VOLUME LOUD ENOUGH FOR THE OFFICER TO REASONABLY BELIEVE THE19
OCCUPANTS INSIDE CAN HEAR, ALLOW A REASONABLE AMOUNT OF TIME20
BEFORE ENTERING GIVEN THE SIZE OF THE DWELLING FOR SOMEONE TO GET21
TO THE DOOR, AND DELAY ENTRY IF THE OFFICER HAS REASON TO BELIEVE22
THAT SOMEONE IS APPROACHING THE DWELLING'S ENTRANCE WITH THE23
INTENT OF VOLUNTARILY ALLOWING THE OFFICER TO ENTER THE24
DWELLING; EXCEPT THAT THIS SUBSECTION (1)(b) DOES NOT APPLY IF THE25
CIRCUMSTANCES KNOWN TO THE OFFICER AT THE TIME PROVIDE AN26
OBJECTIVELY REASONABLE BASIS TO BELIEVE THAT A NO-KNOCK ENTRY27
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OR NOT WAITING A REASONABLE AMOUNT OF TIME IS NECESSARY1
BECAUSE:2
(I) O
F AN EMERGENCY THREATENING THE LIFE OF OR GRAVE3
INJURY TO A PERSON, PROVIDED THAT THE IMMINENT DANGER IS NOT4
CREATED BY LAW ENFORCEMENT ITSELF; OR5
(II) T
HE OFFICER IS ENGAGED IN THE HOT PURSUIT OF A FLEEING6
SUSPECT.7
(2) T
HIS SECTION DOES NOT APPLY TO A LAW ENFORCEMENT8
OFFICER WORKING IN AN UNDERCOVER CAPACITY.9
SECTION 4. Safety clause. The general assembly hereby finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety.12
SB23-254
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