GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 696
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Short Title: Limit No-Knock Warrant/Quick-Knock Entry. |
(Public) |
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Sponsors: |
Senators Smith and Theodros (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 26, 2025
A BILL TO BE ENTITLED
AN ACT requiring a judicial finding of probable cause to execute a no‑knock search warrant and clarifying that an officer serving a search warrant must wait long enough after notice for either an occupant to respond or the officer to determine that forced entry is necessary.
The General Assembly of North Carolina enacts:
SECTION 1. Article 11 of Chapter 15A of the General Statutes reads as rewritten:
"Article 11.
"Search Warrants.
…
"§ 15A‑242. Items subject to seizure under a search warrant.
An item is subject to seizure
pursuant to a search warrant if there is probable cause to believe that it:any
of the following:
(1) Is It is stolen
or embezzled; orembezzled.
(2) Is It is contraband
or otherwise unlawfully possessed; orpossessed.
(3) Has It has been
used or is possessed for the purpose of being used to commit or conceal the
commission of a crime; orcrime.
(4) Constitutes It
constitutes evidence of an offense or the identity of a person
participating in an offense.
…
"§ 15A‑244. Contents of the application for a search warrant.
(a) Each application for a search warrant must be made in writing upon oath or affirmation. All applications must contain:
(1) The name and title of the
applicant; andapplicant.
(2) A statement that there is
probable cause to believe that items subject to seizure under G.S. 15A‑242
may be found in or upon a designated or described place, vehicle, or person;
andperson.
(3) Allegations of fact
supporting the statement. The statements must be supported by one or more
affidavits particularly setting forth the facts and circumstances establishing
probable cause to believe that the items are in the places or in the possession
of the individuals to be searched; andsearched.
…
(b) For an officer to be able to break and enter any premises or vehicle in the execution of a search warrant pursuant to G.S. 15A‑251(b), the application for a search warrant under subsection (a) of this section must also contain:
(1) A statement that there is probable cause to believe that the giving of notice of the execution of the search warrant would endanger the life or safety of any person.
(2) Allegations of fact particularly setting forth the facts and circumstances establishing probable cause to believe that the giving of notice of the execution of the search warrant would endanger the life or safety of any person.
"§ 15A‑245. Basis for issuance of a search warrant; duty of the issuing official.
…
(b) If the issuing official
finds that the application meets the requirements of this Article and finds
there is probable cause to believe that the search will discover items
specified in the application which are subject to seizure under G.S. 15A‑242,
he the official must issue a search warrant in accordance with
the requirements of this Article. The issuing official must retain a copy of
the warrant and warrant application and must promptly file them with the clerk.
If he the official does not so find, the official must deny the
application.
"§ 15A‑246. Form and content of the search warrant.
A search warrant must contain:
(1) The name and signature of
the issuing official with the time and date of issuance above his signature;
andand the issuing official's signature.
(2) The name of a specific
officer or the classification of officers to whom the warrant is addressed;
andaddressed.
(3) The names of the
applicant and of all persons whose affidavits or testimony were given in
support of the application; andapplication.
(4) A designation sufficient
to establish with reasonable certainty the premises, vehicles, or persons to be
searched; andsearched.
…
"§ 15A‑247. Who may execute a search warrant.
A search warrant may be executed by
any law‑enforcement officer acting within his the law‑enforcement
officer's territorial jurisdiction, whose investigative authority
encompasses the crime or crimes involved.
…
"§ 15A‑249. Officer to give notice of identity and purpose.
(a) The officer executing a search warrant must, before
entering the premises, give appropriate notice of his the officer's identity
and purpose to the person to be searched, or the person in apparent control of
the premises to be searched. If it is unclear whether anyone is present at the
premises to be searched, he the officer must give the notice in a
manner likely to be heard by anyone who is present.
(b) The officer providing notice under this section shall provide enough time following notice for (i) an occupant of the premises to respond or (ii) the officer to determine whether the requirements of G.S. 15A‑251(1) allowing entry by force have been met.
…
"§ 15A‑251. Entry by force.
An officer may break and enter any
premises or vehicle when necessary to the execution of the warrant if:under
either of the following circumstances:
(1) The officer has
previously announced his the officer's identity and purpose as
required by G.S. 15A‑249 and reasonably believes either that
admittance is being denied or unreasonably delayed or that the premises or
vehicle is unoccupied; orunoccupied.
(2) The officer has
probable cause to believe that the giving of notice would endanger the life or
safety of any person.warrant includes the statement and allegations of
fact required by G.S. 15A‑244(b).
…
"§ 15A‑253. Scope of the search; seizure of items not named in the warrant.
The scope of the search may be only
such as is authorized by the warrant and is reasonably necessary to discover
the items specified therein. Upon discovery of the items specified, the officer
must take possession or custody of them. If in the course of the search the
officer inadvertently discovers items not specified in the warrant which are
subject to seizure under G.S. 15A‑242, he the officer may
also take possession of the items so discovered.
"§ 15A‑254. List of items seized.
Upon seizing items pursuant to a
search warrant, an officer must write and sign a receipt itemizing the items
taken and containing the name of the court by which the warrant was issued. If
the items were taken from a person, the receipt must be given to the person. If
items are taken from a place or vehicle, the receipt must be given to the
owner, or person in apparent control of the premises or vehicle if the person
is present; or if he the person is not, not
present, the officer must leave the receipt in the premises or vehicle from
which the items were taken.
…."
SECTION 2. This act becomes effective October 1, 2025, and applies to search warrants issued on or after that date.