By Mr. Binienda of Worcester, petition (accompanied by bill, House, No. 1322) of John J. Binienda and others relative to the safety and protection of police officers in the execution of police warrants.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

John J. Binienda

John P. Fresolo

Joyce A. Spiliotis

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In the Year Two Thousand and Seven.

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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 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.