Committee Approves Fields & Gonzales’ Bill to Restrict Use of No-Knock Warrants in Colorado
SB23-254 would only allow no-knock warrants if the life of a person is in imminent danger
DENVER, CO – Legislation sponsored by Senators Rhonda Fields, D-Aurora, and Julie Gonzales, D-Denver, that would place new restrictions on when law enforcement can execute no-knock or knock-and-announce warrants and when they can make warrantless entries into a residence cleared the Senate Judiciary Committee today.
SB23-254 would establish that courts can only authorize a no-knock warrant if a no-knock entry is necessary because of imminent danger to the life of a person, and place restrictions around when and how no-knock warrants can be executed.
“Executing no-knock or knock-and-announce warrants can be extremely dangerous for both law enforcement and the subject of the warrant, and can lead to serious injury and even death,” Fields said. “This bill will put important guardrails around the use of these tactics, and help ensure avoidable tragedies like the killing of Breonna Taylor never happen in Colorado.”
“Right now, no-knock entries manufacture dangerous, sometimes life-threatening, situations,” said Gonzales. “In mere seconds, no-knock intrusions escalate reactions to levels that put both law enforcement and civilians in danger. With this bill, we’re implementing much-needed safety measures around no-knock and knock-and-announce warrants, helping to prevent avoidable tragedies and rebuild trust between communities and law enforcement.”
SB23-254 would require law enforcement to execute a knock-and-announce warrant between the hours of 9:00 a.m. and 7:00 p.m., unless a judge authorizes a different time, and would require officers to be in uniform or wearing a visible law enforcement badge, and identify themselves as law enforcement while executing the warrant.
The bill also requires law enforcement to wear and activate a body-worn camera, knock and announce their presence and wait a reasonable time before entering the dwelling, and would require them to delay entry if officers believe someone is approaching with the intent to allow the officer to enter.
If during the execution of a knock-and-announce warrant, law enforcement reasonably believes that a no-knock entry or not waiting a reasonable amount of time before entering is necessary because of an emergency threatening the life of or grave injury to someone, then law enforcement would not have to knock or wait before entering.
According to the Washington Post, at least 22 people have been killed since 2015, including Amir Locke and Breonna Taylor, while police carried out no-knock search warrants.
SB23-254 will now move to consideration before the full Senate. Track the bill’s progress HERE.