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HOUSE DOCKET, NO. 2625         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3141

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John J. Binienda

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act for the protection and safety of police officers.

_______________

PETITION OF:

 

Name:

District/Address:

John J. Binienda

17th Worcester

John P. Fresolo

16th Worcester


HOUSE DOCKET, NO. 2625        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3141

By Mr. Binienda of Worcester, a petition (accompanied by bill, House, No. 3141) of John J. Binienda and John P. Fresolo relative to the safety and protection of police officers in the execution of police warrants.  The Judiciary. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1282 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

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An Act for the protection and safety of police officers.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              Chapter 276 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after section 2C the following section:

                 Section 2D. (a) A police officer executing a search warrant shall knock and announce his presence and purpose before forcibly entering a residence.

                 (b) An officer may dispense with the requirement of subsection (a) if the officer has a reasonable suspicion that an announced entry will jeopardize the safety of officers or others, permit the destruction of evidence, or allow an occupant of the residence to escape.

                 (c)  A search warrant shall authorize an officer to dispense with the requirement of subsection (a) if an affidavit discloses a reasonable suspicion that an announced entry will jeopardize the safety of officers or others, permit the destruction of evidence, or allow occupants of the residence to escape.  When executing such a search warrant, an officer shall not be required to reappraise his suspicions at the time of the search.

                 (d) Evidence seized under subsections (b) and (c) shall be suppressed if subsequent judicial review determines that the officers lacked the requisite reasonable suspicion.

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