Bill Caption

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 492 would prohibit magistrates from issuing no-knock entry warrants except when the affidavit is submitted to them with a statement signed by the chief administrator of the law enforcement agency approving of a no-knock entry.

Vote Recommendation Notes

HB 492 would serve to limit the use of dangerous no-knock raids by increasing accountability for their use. Texas Action supports HB 492 because it would promote limited government, individual liberty, and protect private property rights.

No-knock entry warrants violate private property rights and can lead to extraordinarily dangerous confrontations between police officers and citizens. The results of no-knock entry can turn tragic very quickly, especially if a person thinks he or she is victim of a home invasion and responds accordingly. To the extent that they are used at all, no-knock warrants should be used sparingly and only with direct approval at the highest levels and appropriate accountability for those officials for the results of any no-knock raid gone wrong. There should be zero margin for error on this issue.