117 HR 6877 IH: Amir Locke End Deadly No-Knock Warrants Act
U.S. House of Representatives
2022-03-01
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EN
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I
117th CONGRESS
2d Session
H. R. 6877
IN THE HOUSE OF REPRESENTATIVES
March 1, 2022
Ms. Omar (for herself, Ms. Moore of Wisconsin, Mr. García of Illinois, Ms. Pressley, Mr. Thompson of Mississippi, Ms. Clarke of New York, Mr. Carson, Mrs. Watson Coleman, Ms. Newman, Ms. Ocasio-Cortez, Mr. Danny K. Davis of Illinois, Mr. Bowman, Ms. Lee of California, Mr. Torres of New York, Ms. Velázquez, Mr. Payne, Mr. Smith of Washington, Mr. Espaillat, Ms. Meng, Mrs. Hayes, Ms. Williams of Georgia, Mr. Johnson of Georgia, Mr. Rush, Mr. Green of Texas, Mr. Levin of Michigan, Ms. Schakowsky, Mr. Carter of Louisiana, Ms. Jayapal, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To establish limitations on the use of no-knock warrants, and for other purposes.
1.

Short title
This Act may be cited as the “Amir Locke End Deadly No-Knock Warrants Act”.
2.

Definitions
In this Act:
(1)

Byrne grant program
The term “Byrne grant program” means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.
(2)

COPS grant program
The term “COPS grant program” means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968.
(3)

Covered law enforcement task force
The term “covered law enforcement task force” means a law enforcement task force that has not less than 1 Federal law enforcement agency or Federal law enforcement officer as a member.
(4)

Covered Federal warrant
The term “covered Federal warrant” means a warrant authorizing a search by a Federal law enforcement officer or covered law enforcement task force.
(5)

Daylight hours
The term “daylight hours” means any time beginning at 9:00 a.m. and ending at 6:00 p.m. in the time zone in which a warrant is to be executed.
(6)

No-knock entry
The term “no-knock entry” means entry into a property by a law enforcement officer without the law enforcement officer knocking and announcing their presence, authority, and intention to enter the property.
(7)

Nighttime
The term “nighttime” means any time other than daylight hours in the time zone in which a warrant is to be executed.
3.

Federal search warrants
(a)

No-Knock entry requirements
(1)

Bar in drug cases
A covered Federal warrant may not authorize a no-knock entry for the investigation of any offense related to drugs.
(2)

Requirements for court authorization
A court—
(A)
may only issue a covered Federal warrant authorizing a no-knock entry if the court determines there is clear and convincing evidence, supported by particularized facts, that law enforcement officers entering the property without announcing their presence and intention to enter is necessary because notice prior to entry would substantially endanger the life or safety of the law enforcement officer or other persons; and
(B)
may not issue a covered Federal warrant authorizing a no-knock entry for the investigation of any offense related to drugs.
(3)

Avoiding destruction of property and injury of persons
(A)

In general
In executing a covered Federal warrant, law enforcement officers shall seek to avoid the destruction of property and injury of persons occasioned by forcible entry and execution of a search.
(B)

Restitution
Any person who is injured by, or the owner of property damaged by, law enforcement officers during the execution of a covered Federal warrant may bring an action against the United States in the appropriate Federal district court for appropriate relief, including restitution, unless the person is convicted of an offense related to the covered Federal warrant.
(4)

Conforming amendment for drug investigations
Section 509 of the Controlled Substances Act (21 U.S.C. 879) is amended—
(A)
by striking “A search warrant” and inserting “(a) A search warrant”; and
(B)
by adding at the end the following:
“(b)
A Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 (34 U.S.C. 50301)) may not make a no-knock entry (as defined in section 2 of the Amir Locke End Deadly No-Knock Warrants Act).”.
(b)

Planning and execution of all covered Federal warrants
(1)

Execution during daylight hours
(A)

In general
Except as provided in subparagraph (B), a covered Federal warrant shall only authorize execution of the covered Federal warrant during daylight hours not later than 7 days after such warrant is issued, and such a warrant shall only be executed by a Federal law enforcement officer or covered law enforcement task force during such hours.
(B)

Court authorization for nighttime service
A court may authorize a covered Federal warrant to be executed outside of daylight hours if the court determines that the application for such warrant contains particularized facts indicating that nighttime execution is necessary because execution of the warrant during daylight hours would substantially endanger the life or safety of law enforcement officers or other persons.
(2)

Application for a warrant
(A)

Approval
An application for a covered Federal warrant may not be submitted for consideration by a court unless the head of the law enforcement agency approves such an application. The authority for approval described in this subparagraph may not be delegated.
(B)

Contents of application
An application for a covered Federal warrant shall include—
(i)
a description of what investigative activities have been undertaken to support the request for such a warrant, or why no such investigative activity is needed; and
(ii)
in the case of an application for a no-knock warrant, an explanation for why the applicant is unable to detain the suspect or search the premises without knocking or announcing law enforcement presence or using other less invasive methods.
(3)

Potential presence of vulnerable individuals
(A)

Evaluation
An application for a covered Federal warrant shall assess, and a court issuing a covered Federal warrant shall evaluate and include information with respect to the primary language of the individuals on the premises, whether there will be children, individuals with a disability, individuals who are elderly, or other vulnerable individuals present at the location where the covered Federal warrant is to be executed.
(B)

Requirements for issuance
A covered Federal warrant may only authorize the search of a location where a child, individual with a disability, individual who is elderly, or other vulnerable individual will be present if the court determines, based on particularized facts, that there is a clear necessity for such search to avoid endangering the life or safety of law enforcement officers or other persons and that a safety plan is in place to ensure the safety of the vulnerable individuals.
(4)

Knock and announce requirement
Except in any case in which a covered Federal warrant authorizes no-knock entry, during execution of a covered Federal warrant—
(A)
a law enforcement officer shall be easily recognizable and identifiable as a uniformed law enforcement officer;
(B)
a law enforcement officer shall knock and audibly, or in a manner sufficient to provide notice to any person with a disability, and with consideration to the native language of the occupants, announce the officer’s identity as a law enforcement officer, authority pursuant to the warrant, and purpose;
(C)
an audible knock and announcement shall be provided in a manner reasonably expected to be received and understood by occupants of the premises to be searched based on the size and nature of the location;
(D)
a body worn camera or any other government issued recording device shall be recording at least 5 minutes prior to the start of a covered Federal warrant execution, during any subsequent entry and the entirety of the search of the premises, and 5 minutes following the exit of the premises; and
(E)
law enforcement officers shall delay entry for at least 30 seconds, or a sufficient amount of time after the announcement, whichever is greater, based on the size and nature of the premises and occupants, to allow the occupant a reasonable opportunity to respond.
(5)

Exception to delayed entry requirement
Notwithstanding paragraph (4)(E), law enforcement officers may forcibly enter into the premises in less than 30 seconds if—
(A)
a covered Federal warrant authorizes a no-knock entry; or
(B)
a verifiable exigent circumstance exists, there is an imminent threat to the life of law enforcement officers or others, and law enforcement officers provide information about such exigency in the warrant execution report.
(6)

Verification of place to be searched
Before executing a covered Federal warrant, law enforcement officers shall verify that the address or location about to be searched is the correct address or location authorized to be searched under the covered Federal warrant. Such verification shall occur within the 24 hours prior to execution of the covered Federal warrant.
(7)

Use of explosive devices
Law enforcement officers executing a covered Federal warrant shall not use or possess flash-bang stun grenades, other explosive devices, chemical weapons, or any military-grade firearm, unless expressly authorized under the covered Federal warrant based on clearly articulated reasons, supported by particularized facts, that the use of any such device is necessary under the particularized circumstances to protect the life or safety of law enforcement officers or other persons.
(c)

Data collection
(1)

In general
A Federal law enforcement agency shall—
(A)
collect data about—
(i)
the items to be seized under a covered Federal warrant, as described in the application;
(ii)
the items seized in the execution of that covered Federal warrant;
(iii)
the total number of covered Federal warrant applications and the number of no-knock warrant applications;
(iv)
the total number of covered Federal warrant applications granted and the number of no-knock warrant applications granted;
(v)
the number of forcible entries made while executing warrants (both where no-knock entry is explicitly authorized by the warrant and when not explicitly authorized), including a description of the circumstances under which forcible entry occurred and why warrant requirements were modified; and
(vi)
injuries that occur during the execution of warrants (sustained by both law enforcement and others); and
(B)
submit the data collected under paragraph (1) to the Attorney General.
(2)

Attorney General report
Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Attorney General shall make available to the public on the Department of Justice website a review and analysis of the data submitted to the Attorney General pursuant to paragraph (1)(B).
(d)

Exclusion of evidence
Evidence obtained in violation of this section may not be admissible in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof.
(e)

Officer accountability
Any law enforcement officer who executes a covered Federal warrant in violation of the requirements of this section shall be subject to such consequence as the Attorney General determines appropriate, including rendering all evidence collected pursuant to the violation inadmissible, suspension of duty, civil penalties, or termination.
4.

Limitation on State and local law enforcement eligibility for funds
Beginning in the first fiscal year that begins after the date that is 1 year after the date of enactment of this Act, a law enforcement agency of a State or unit of local government may not receive funds made available to the State or local government under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or local law enforcement agency of the State or unit of local government does not have in effect policies that are substantially similar to the policies described in section 3.