North Carolina SB 696: Limit No-Knock Warrant/Quick-Knock Entry.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 696

Short Title: Limit No-Knock Warrant/Quick-Knock Entry. (Public)
Sponsors: Senators Smith and Theodros (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S696-v-1*
A BILL TO BE ENTITLED 1
AN ACT REQUIRING A JUDICIAL FINDING OF PROBABLE CAUSE TO EXECUTE A 2
NO-KNOCK SEARCH WARRANT AND CLARIFYING THAT AN OFFICER SERVING 3
A SEARCH WARRANT MUST WAIT LONG ENOUGH AFTER NOTICE FOR EITHER 4
AN OCCUPANT TO RESPOND OR THE OFFICER TO DETERMINE THAT FORCED 5
ENTRY IS NECESSARY. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. Article 11 of Chapter 15A of the General Statutes reads as rewritten: 8
"Article 11. 9
"Search Warrants. 10
... 11
"§ 15A-242. Items subject to seizure under a search warrant. 12
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe 13
that it:any of the following: 14
(1) Is It is stolen or embezzled; orembezzled. 15
(2) Is It is contraband or otherwise unlawfully possessed; orpossessed. 16
(3) Has It has been used or is possessed for the purpose of being used to commit 17
or conceal the commission of a crime; orcrime. 18
(4) Constitutes It constitutes evidence of an offense or the identity of a person 19
participating in an offense. 20
... 21
"§ 15A-244. Contents of the application for a search warrant. 22
(a) Each application for a search warrant must be made in writing upon oath or 23
affirmation. All applications must contain: 24
(1) The name and title of the applicant; andapplicant. 25
(2) A statement that there is probable cause to believe that items subject to seizure 26
under G.S. 15A-242 may be found in or upon a designated or described place, 27
vehicle, or person; andperson. 28
(3) Allegations of fact supporting the statement. The statements must be 29
supported by one or more affidavits particularly setting forth the facts and 30
circumstances establishing probable cause to believe that the items are in the 31
places or in the possession of the individuals to be searched; andsearched. 32
... 33
(b) For an officer to be able to break and enter any premises or vehicle in the execution 34
of a search warrant pursuant to G.S. 15A-251(b), the application for a search warrant under 35
subsection (a) of this section must also contain: 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 696-First Edition
(1) A statement that there is probable cause to believe that the giving of notice of 1
the execution of the search warrant would endanger the life or safety of any 2
person. 3
(2) Allegations of fact particularly setting forth the facts and circumstances 4
establishing probable cause to believe that the giving of notice of the 5
execution of the search warrant would endanger the life or safety of any 6
person. 7
"§ 15A-245. Basis for issuance of a search warrant; duty of the issuing official. 8
... 9
(b) If the issuing official finds that the application meets the requirements of this Article 10
and finds there is probable cause to believe that the search will discover items specified in the 11
application which are subject to seizure under G.S. 15A-242, he the official must issue a search 12
warrant in accordance with the requirements of this Article. The issuing official must retain a 13
copy of the warrant and warrant application and must promptly file them with the clerk. If he the 14
official does not so find, the official must deny the application. 15
"§ 15A-246. Form and content of the search warrant. 16
A search warrant must contain: 17
(1) The name and signature of the issuing official with the time and date of 18
issuance above his signature; andand the issuing official's signature. 19
(2) The name of a specific officer or the classification of officers to whom the 20
warrant is addressed; andaddressed. 21
(3) The names of the applicant and of all persons whose affidavits or testimony 22
were given in support of the application; andapplication. 23
(4) A designation sufficient to establish with reasonable certainty the premises, 24
vehicles, or persons to be searched; andsearched. 25
... 26
"§ 15A-247. Who may execute a search warrant. 27
A search warrant may be executed by any law-enforcement officer acting within his the 28
law-enforcement officer's territorial jurisdiction, whose investigative authority encompasses the 29
crime or crimes involved. 30
... 31
"§ 15A-249. Officer to give notice of identity and purpose. 32
(a) The officer executing a search warrant must, before entering the premises, give 33
appropriate notice of his the officer's identity and purpose to the person to be searched, or the 34
person in apparent control of the premises to be searched. If it is unclear whether anyone is 35
present at the premises to be searched, he the officer must give the notice in a manner likely to 36
be heard by anyone who is present. 37
(b) The officer providing notice under this section shall provide enough t