On May 19, 2023, Governor Tim Walz signed into law the amendments to Minnesota Statute 626.14, titled Time and Manner of Service; No-Knock Search Warrants. These amendments went into effect on August 1, 2023. The changes to the statute include amendments to the language in Subdivisions 2 and 3, as well as the addition of Subdivision 2a. The new language of the statute places restrictions on not only the officers requesting no-knock warrants, but also on the judges approving them. These changes will presumably create a safer practice of no-knock warrants in our communities.
First, the amendments to Subdivision 2 help to better define what a no-knock warrant is. That is a search warrant that allows peace officers to enter a premises without first loudly and understandably announcing their presence or purpose and waiting an objectively reasonable amount of time for the occupant to comply, based on the totality of the circumstances, before entering the premises.
This language effectively defines the requirements for standard search warrants as well. Those requirements are that an officer must first announce their presence loudly and understandably, and then wait an objectively reasonable amount of time, based on the totality of the circumstances, before they may enter a premises. While the terms “objectively reasonable” and “totality of the circumstances” are somewhat grey, their addition to the statute creates a clearer understanding of what is required by officers when executing search warrants, no-knock or not.
Next, the addition of Subdivision 2a places restrictions on the judges approving and issuing no-knock search warrants. This new subdivision also helps clarify what extraordinary circumstances permit the use of no-knock warrants. With this addition, judges are no longer allowed to issue or approve no-knock search warrants unless they find the officer requesting the warrant articulated specific, objective facts establishing probable cause that: (1) the warrant cannot be executed while the premises is unoccupied, and (2) the occupant(s) in the premises present an imminent threat of death or great bodily harm (to either the officer(s) executing the warrant or other persons involved).
Finally, Subdivision 3 now requires officer applications for no-knock search warrants to include the known or suspected occupant(s) of the premises, including the number of occupants under the age of 18. The applications for no-knock search warrants now must also include the reason they are requesting a no-knock warrant and why they cannot detain the suspect or search the premises safely using a regular search warrant.
Prior to the changes to Subdivision 3, there was no language regarding officer safety or details regarding the occupants of a premises. Amongst other requirements, officers still need to include: (1) the reason they are seeking a no-knock warrant and cannot detain the suspect or search a residence through the use of a regular search warrant; (2) the investigative activity that supports the issuance of a no-knock search warrant, or why no investigative activity is needed or able to be performed; and (3) whether the warrant can be effectively executed during daylight hours.