455.180 Arrest or search warrant authorizing entry without notice -- Requirements

414 words·~2 min read·/ky/455-180

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

for issuance. No arrest warrant or search warrant shall be issued authorizing entry without notice unless:

(1)The court finds by clear and convincing evidence that:

(a)The crime alleged is a crime that would qualify a person, if convicted, as a

violent offender under KRS 439.3401; the crime alleged is a crime designated

in KRS 525.045, 527.200, 527.205, or 527.210; or the evidence sought may

give rise to the charge of a crime that would qualify a person, if convicted, as

a violent offender under KRS 439.3401 or may give rise to a charge of a crime

designated in KRS 525.045, 527.200, 527.205, or 527.210; and

(b)As established by facts specific to the case, giving notice prior to entry will

endanger the life or safety of any person, or result in the loss or destruction of

evidence sought that may give rise to a charge of a crime that would qualify a

person, if convicted, as a violent offender under KRS 439.3401 or may give

rise to a charge of a crime designated in KRS 525.045, 527.200, 527.205, or

527.210;

(2)The law enforcement officer seeking the warrant has obtained the approval of his or

her supervising officer, or has the approval of the highest ranking officer in his or

her law enforcement agency;

(3)The law enforcement officer seeking the warrant has consulted with the

Commonwealth's attorney or county attorney for the jurisdiction for which the

warrant is sought, or with an assistant Commonwealth's attorney or assistant county

attorney for the jurisdiction for which the warrant is sought;

(4)The law enforcement officer seeking the warrant discloses to the judge, as part of

the application, any other attempt to obtain a warrant authorizing entry without

notice for the same premises, or for the arrest of the same individual;

(5)The warrant authorizes that the entry without notice occur only between the hours

of 6 a.m. and 10 p.m., except in exigent circumstances where the court makes the

findings set forth in subsection

(1)of this section and the court further finds by clear

and convincing evidence that there are substantial and imminent risks to the health

and safety of the persons executing the warrant, the occupants of the premises, or

the public that justify the entry without notice occur during other hours designated

by the court; and

(6)If the warrant is not issued electronically pursuant to KRS 455.170, the warrant

includes the legibly printed name and signature of the judge.