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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0464*
HOUSE BILL 464
E2 6lr0908
By: Delegate Grammer
Introduced and read first time: January 23, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – No–Knock Search Warrants – Repeal 2
FOR the purpose of repealing provisions of law relating to no–knock search warrants; and 3
generally relating to no–knock search warrants. 4
BY repealing and reenacting, with amendments, 5
Article – Criminal Procedure 6
Section 1–203 7
Annotated Code of Maryland 8
(2025 Replacement Volume) 9
BY repealing and reenacting, with amendments, 10
Article – Public Safety 11
Section 3–207(a)(24) and 3–525(a) and (b) 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2025 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
1–203. 18
(a) (1) [In this subsection, “no–knock search warrant” means a search warrant 19
that authorizes the executing law enforcement officer to enter a building, apartment, 20
premises, place, or thing to be searched without giving notice of the officer’s authority or 21
purpose. 22
(2)] A circuit court judge or District Court judge may i ssue forthwith a 23
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search warrant whenever it is made to appear to the judge, by application as described in 1
paragraph [(3)] (2) of this subsection, that there is probable cause to believe that: 2
(i) a misdemeanor or felony is being committed by a person or in a 3
building, apartment, premises, place, or thing within the territorial jurisdiction of the 4
judge; or 5
(ii) property subject to seizure under the criminal laws of the State 6
is on the person or in or on the building, apartment, premises, place, or thing. 7
[(3)] (2) (i) An application for a search warrant shall be: 8
1. in writing; 9
2. signed, dated, and sworn to by the applicant; and 10
3. accompanied by an affidavit that: 11
A. sets forth the basis for probable cause as described in 12
paragraph (1) of this subsection; and 13
B. contains facts within the personal knowledge of the affiant 14
that there is probable cause. 15
(ii) An application for a search warrant may be submitted to a judge: 16
1. by in–person delivery of the application, the affidavit, and 17
a proposed search warrant; 18
2. by secure fax, if a complete and printable image of the 19
application, the affidavit, and a proposed search warrant are submitted; or 20
3. by secure electronic mail, if a complete and printable 21
image of the application, the affidavit, and a proposed search warrant are submitted. 22
(iii) The applicant and the judge may converse about the search 23
warrant application: 24
1. in person; 25
2. via telephone; or 26
3. via video. 27
(iv) The judge may issue the search warrant: 28
1. by signing the search warrant, indicating the date and 29
HOUSE BILL 464 3
time of issuance on the search warrant, and physically delivering the signed and dated 1
search warrant, the application, and the affidavit to the applicant; 2
2. by signing the search warrant, writing the date and time 3
of issuance on the search warrant, and sending complete and printable images of the signed 4
and dated search warrant, the application, and the affidavit to the applicant by secure fax; 5
or 6
3. by signing the search warrant, either electronically or in 7
writing, indicating the date and time of issuance on the search warrant, and sending 8
complete and printable images of the signed and dated search warrant, the application, and 9
the affidavit to the applicant by secure electronic mail. 10
(v) The judge shall file a copy of the signed and dated search 11
warrant, the application, and the affidavit with the court. 12
[(vi) 1. If approved in writing by a police supervisor and the 13
State’s Attorney, an application for a search warrant may contain a request that the search 14
warrant be a no–knock search warrant, on the ground that there is reasonable suspicion to 15
believe that, without the authorization the life or safety of the executing officer or another 16
person may be endangered. 17
2. An application for a no –knock search warrant under this 18
subparagraph shall contain: 19
A. a description of the evidence in support of the application; 20
B. an explanation of the investigative activities that have 21
been undertaken and the information that has been gathered to support the request for a 22
no–knock search warrant; 23
C. an explanation of why the affiant is unable to detain the 24
suspect or search the premises using other, less invasive methods; 25
D. acknowledgment that any police officers who will execute 26
the search warrant have successfully completed the same training in breach and call –out 27
entry procedures as SWAT team members; 28
E. a statement as to whether the search warrant can 29
effectively be executed during daylight hours and, if not, what facts or circumstances 30
preclude effective execution in daylight hours; and 31
F. a list of any additional occupants of the premises by age 32
and gender, as well as an indication as to whether any individuals with cognitive or physical 33
disabilities or pets reside at the premises, if known. 34
3. A no –knock search warrant shall be executed between 35
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8:00 a.m. and 7:00 p.m., absent exigent circumstances.] 1
(VI) A SEARCH WARRANT MAY N OT AUTHORIZE A LAW 2
ENFORCEMENT OFFICER TO ENTER THE BUILDING, APARTMENT, PREMISES, PLACE, 3
OR THING TO BE SEARC HED WITHOUT FIRST GI VING NOTICE OF THE O FFICER’S 4
AUTHORITY AND PURPOSE. 5
[(4)] (3) The search warrant shall: 6
(i) be directed to a duly constituted [police] LAW ENFORCEMENT 7
officer, the State Fire Marshal, or a full–time investigative and inspection assistant of the 8
Office of the State Fire Marshal and authorize the [police] LAW ENFORCEMENT officer, 9
the State Fire Marshal, or a full –time investigative and inspection assistant of the Office 10
of the State Fire Marshal to search the suspected person, building, apartment, premises, 11
place, or thing and to seize any property found subject to seizure under th e criminal laws 12
of the State; AND 13
(ii) name or describe, with reasonable particularity: 14
1. the person, building, apartment, premises, place, or thing 15
to be searched; 16
2. the grounds for the search; and 17
3. the name of the applicant on whose application the search 18
warrant was issued[; and 19
(iii) if warranted by application as described in paragraph (3) of this 20
subsection, authorize the executing law enforcement officer to enter the building, 21
apartment, premises, place, or thing to be sear ched without giving notice of the officer’s 22
authority or purpose]. 23
[(5)] (4) (i) The search and seizure under the authority of a search 24
warrant shall be made within 10 calendar days after the day that the search warrant is 25
issued. 26
(ii) After the expiration of the 10–day period, the search warrant is 27
void. 28
[(6)] (5) The executing law enforcement officer shall give a copy of the 29
search warrant, the application, and the affidavit to an authorized occupant of the premises 30
searched or leave a copy of t he search warrant, the application, and the affidavit at the 31
premises searched. 32
[(7)] (6) (i) The executing law enforcement officer shall prepare a 33
detailed search warrant return which shall include the date and time of the execution of 34
HOUSE BILL 464 5
the search warrant. 1
(ii) The executing law enforcement officer shall: 2
1. give a copy of the search warrant return to an authorized 3
occupant of the premises searched or leave a copy of the return at the premises searched; 4
and 5
2. file a copy of the search warrant return with the court in 6
person, by secure fax, or by secure electronic mail. 7
[(8)] (7) (i) In this paragraph, “exigent circumstances” retains its 8
judicially determined meaning. 9
(ii) While executing a search warrant, a [police] LAW 10
ENFORCEMENT officer shall be clearly recognizable and identifiable as a [police] LAW 11
ENFORCEMENT officer, wearing a uniform, badge, and tag bearing the name and 12
identification number of the [police] LAW ENFORCEMENT officer. 13
(iii) 1. This subparagraph applies t o a [police] LAW 14
ENFORCEMENT officer whose law enforcement agency requires the use of body –worn 15
cameras. 16
2. A [police] LAW ENFORCEMENT officer executing a search 17
warrant shall use a body–worn camera during the course of the search in accordance with 18
the policies established by the [police] LAW ENFORCEMENT officer’s law enforcement 19
agency. 20
(iv) [Unless executing a no –knock search warrant, a police ] A LAW 21
ENFORCEMENT OFFICER EXECUTING A SEARCH W ARRANT MAY NOT , FOR THE 22
PURPOSE OF EXECUTING THE WARRANT, ENTER THE BUILDING , APARTMENT, 23
PREMISES, PLACE, OR THING SPECIFIED IN THE WARRANT TO BE SEARCHED UNLESS 24
REASONABLE NOTICE OF THE LAW ENFORCEMENT OFFICER’S AUTHORITY AND 25
PURPOSE HAS BEEN GIVEN TO ANY INDIVIDUAL INSIDE THE BUILDING, APARTMENT, 26
PREMISES, PLACE, OR THING SPECIFIED IN THE WARRANT. 27
(V) A LAW ENFORCEMENT officer shall allow a minimum of 20 28
seconds for the occupants of a residence to respond and open the door before the [police] 29
LAW ENFORCEMENT officer attempts to enter the residence, absent exigent circumstances. 30
[(v)] (VI) A [police] LAW ENFORCEMENT officer may not use 31
flashbang, stun, distraction, or other similar military –style devices when executing a 32
search warrant, absent exigent circumstances. 33
(b) (1) A circuit court judge or District Court judge shall cause property taken 34
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under a search warrant to be restored to the person from whom it was taken if, at any time, 1
on application to the judge, it appears that: 2
(i) the property taken is not the same as that described in the search 3
warrant; 4
(ii) there is no probable cause for believing the existence of the 5
grounds on which the search warrant was issued; or 6
(iii) the property was taken under a search warrant issued more than 7
15 calendar days before the seizure. 8
(2) The judge may receive an oral motion made in open court at any time 9
making application for the return of seized property if the application for return is based 10
on any ground described in paragraph (1) of this subsection. 11
(3) If the judge grants the ora l motion described in paragraph (2) of this 12
subsection, the order of the court shall be in writing and a copy of the order shall be sent to 13
the State’s Attorney. 14
(4) Court costs may not be assessed against the person from whom the 15
property was taken if: 16
(i) the judge denies the oral motion and requires the person from 17
whom the property was taken to proceed for return of the seized property by petition and 18
an order to show cause to the police authority seizing the property; and 19
(ii) it is later ordered that the property be restored to the person from 20
whom it was taken. 21
(5) If the judge finds that the property taken is the same as that described 22
in the search warrant and that there is probable cause for believing the existence of the 23
grounds on which the search warrant was issued, the judge shall order the property to be 24
retained in the custody of the police authority seizing it or to be otherwise disposed of 25
according to law. 26
(c) (1) This subsection does not apply to contraband or other propert y 27
prohibited by law from being recoverable. 28
(2) Property seized under a search warrant issued under subsection (a) of 29
this section may be returned to the person to whom the property belongs without the 30
necessity of that person bringing an action for replevin or any other proceeding against the 31
unit with custody of the property if: 32
(i) the criminal case in which the property was seized is disposed of 33
because of a nolle prosequi, dismissal, or acquittal; 34
HOUSE BILL 464 7
(ii) the State does not appeal the criminal case in which the property 1
was seized; or 2
(iii) the time for appeal has expired. 3
(d) (1) A circuit court judge or District Court judge shall cause property 4
rightfully taken under a search warrant to be restored to the person from whom it was 5
taken if, at any time, on application to the judge, the judge finds that the property is being 6
wrongfully withheld after there is no further need for retention of the property. 7
(2) The judge may receive an oral motion made in open court at any time 8
making application for the return of seized property if the application for return is based 9
on the ground that the property, although rightfully taken under a search warrant, is being 10
wrongfully withheld after there is no further need for retention of the property. 11
(3) If the judge grants the oral motion described in paragraph (2) of this 12
subsection, the order of the court shall be in writing and a copy of the order shall be sent to 13
the State’s Attorney. 14
(4) Court costs may not be assessed against the person from whom the 15
property was taken if: 16
(i) the judge denies the oral motion and requires the person from 17
whom the property was taken to proceed for return of the seized property by petition and 18
an order to show cause to the police authority wrongfully withholding the property; and 19
(ii) it is later ordered that the property be restored to the person from 20
whom it was taken. 21
(e) (1) Notwithstanding any provision of the Maryland Rules, a circuit court 22
judge or District Court judge, on a finding of good cause, may order that an affidavit 23
presented in support of a search and seizure warrant be sealed for a period not exceeding 24
30 days. 25
(2) A finding of good cause required by paragraph (1) of this subsection is 26
established by evidence that: 27
(i) the criminal investigation to which the affidavit is related is of a 28
continuing nature and likely to yield further information that could be of use in prosecuting 29
alleged criminal activities; and 30
(ii) the failure to maintain the confidentiality of the inve stigation 31
would: 32
1. jeopardize the use of information already obtained in the 33
investigation; 34
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2. impair the continuation of the investigation; or 1
3. jeopardize the safety of a source of information. 2
(3) A court may grant one 30 –day extension of the time that an affidavit 3
presented in support of a search and seizure warrant is to remain sealed if: 4
(i) law enforcement provides continued evidence as described in 5
paragraph (2) of this subsection; and 6
(ii) the court makes a finding of good cause based on the evidence. 7
(4) After the order sealing the affidavit expires, the affidavit shall be: 8
(i) unsealed; and 9
(ii) delivered within 15 days: 10
1. to the person from whom the property was taken; or 11
2. if that person is not on the premises at the time of delivery, 12
to the person apparently in charge of the premises from which the property was taken. 13
Article – Public Safety 14
3–207. 15
(a) The Commission has the following powers and duties: 16
(24) to consult and cooperate wit h commanders of SWAT teams to develop 17
standards for training and deployment of SWAT teams [and of law enforcement officers 18
who are not members of a SWAT team who conduct no–knock warrant service in the State] 19
based on best practices in the State and nationwide. 20
3–525. 21
(a) (1) In this section the following words have the meanings indicated. 22
(2) “Law enforcement agency” has the meaning stated in § 3 –201 of this 23
title. 24
(3) [“No–knock search warrant” means a search warrant authorizing entry 25
into a building, an apartment, a premises, a place, or a thing to be searched without giving 26
notice of the officer’s authority or purpose. 27
(4)] “Police officer” has the meaning stated in § 3–201 of this title. 28
HOUSE BILL 464 9
[(5)] (4) “SWAT team” means a special unit comp osed of two or more 1
police officers within a law enforcement agency trained to deal with unusually dangerous 2
or violent situations and having special equipment and weapons, including rifles more 3
powerful than those carried by regular police officers. 4
(b) A law enforcement agency shall report the following information relating to 5
search warrants executed by the law enforcement agency during the prior calendar year to 6
the Governor’s Office of Crime Prevention and Policy using the format developed under 7
subsection (c) of this section: 8
[(1) the number of times a no –knock search warrant was executed in the 9
previous year; 10
(2) the name of the county and municipal corporation and the zip code of 11
the location where each no–knock search warrant was executed;] 12
[(3)] (1) for each search warrant executed, the number of days from the 13
issuance until the execution of the search warrant [, disaggregated by whether the search 14
warrant was a no–knock search warrant]; 15
[(4) the legal basis for each no–knock search warrant issued;] 16
[(5)] (2) the number of times a search warrant was executed under 17
circumstances in which a police officer made forcible entry into the building, apartment, 18
premises, place, or thing to be searched specified in the warrant; 19
[(6)] (3) the number of times a SWAT team was deployed to execute a 20
search warrant; 21
[(7)] (4) the number of arrests made, if any, during the execution of a 22
search warrant; 23
[(8)] (5) the number of times property was seized during the execution of 24
a search warrant; 25
[(9)] (6) the number of times a weapon was discharged by a police officer 26
during the execution of a search warrant; and 27
[(10)] (7) the number of times a person or domestic animal was injured or 28
killed during the execution of a search warrant, disaggregated by whether the person or 29
animal was injured or killed by a police officer. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2026. 32