I don’t know what was codified before… was anything codified at all?
The big changes are:
these no-knocks must be conducted between 7am – 8pm
they can’t be served for personal use drugs
Ya know, I still see a lot of flexibility there such that the cops retain the right to argue for an exemption and these warrant judges never actually turn anything down cuz they are rubber stamps.
But you do have an implementation for an evaluative framework here along with the other things. I’m surprised it got through actually given GOP recalcitrance.
626.14TIME ANDMANNEROFSERVICE; NO-KNOCKSEARCHWARRANTS. 215.6 Subdivision 1. Time. A search warrant may be served only between the hours of 7:00 215.7 a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits 215.8 that a nighttime search outside those hours is necessary to prevent the loss, destruction, or 215.9 removal of the objects of the search or to protect the searchers or the public. The search 215.10 warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m. 215.11 unless a nighttime search outside those hours is authorized. 215.12 Subd. 2. Definition. For the purposes of this section, "no-knock search warrant" means 215.13 a search warrant authorizing peace officers to enter certain premises without first knocking 215.14 and announcing the officer’s presence or purpose prior to entering the premises. No-knock 215.15 search warrants may also be referred to as dynamic entry warrants. 215.16 Subd. 3. Requirements for a no-knock search warrant. (a) No peace officer shall 215.17 seek a no-knock search warrant unless the warrant application includes at a minimum: 215.18 (1) all documentation and materials the issuing court requires; 215.19 (2) the information specified in paragraph (b); and 215.20 (3) a sworn affidavit as provided in section 626.08. 215.21 (b) Each warrant application seeking a no-knock entry must include, in detailed terms, 215.22 the following: 215.23 (1) why peace officers are seeking the use of a no-knock entry and are unable to detain 215.24 the suspect or search the residence through the use of a knock and announce warrant; 215.25 (2) what investigative activities have taken place to support issuance of the no-knock 215.26 search warrant, or why no investigative activity is needed or able to be performed; and 215.27 (3) whether the warrant can be effectively executed during daylight hours according to 215.28 subdivision 1. 215.29 (c) The chief law enforcement officer or designee and another superior officer must 215.30 review and approve each warrant application. The agency must document the approval of 215.31 both reviewing parties. Article 9 Sec. 23. 215 06/27/21 REVISOR KLL/BM A21-0252216.1 (d) A no-knock search warrant shall not be issued when the only crime alleged is 216.2 possession of a controlled substance unless there is probable cause to believe that the 216.3 controlled substance is for other than personal use.