§ 16-3-312 — Warrantless entry of a dwelling

(1) When a peace officer makes a
warrantless entry into a dwelling in which occupants are unaware law enforcement
is present and making entry, the officer shall:

(a) Wear and activate a body-worn camera as required by section 24-31-902
(1)(a)(II)(A) when entering a premises for the purpose of enforcing the law; and

(b) Knock-and-announce the officer's presence at a volume loud enough for
the officer to reasonably believe the occupants inside can hear, allow a reasonable
amount of time before entering given the size of the dwelling for someone to get to
the door, and delay entry if the officer has reason to believe that someone is
approaching the dwelling's entrance with the intent of voluntarily allowing the
officer to enter the dwelling; except that this subsection (1)(b) does not apply if the
circumstances known to the officer at the time provide an objectively reasonable
basis to believe that a no-knock entry or not waiting a reasonable amount of time is
necessary because:

(I) Of an emergency threatening the life of or grave injury to a person,
provided that the imminent danger is not created by law enforcement itself; or

(II) The officer is engaged in the hot pursuit of a fleeing suspect.

(2) This section does not apply to a law enforcement officer working in an
undercover capacity.

Legislative History

Source: L. 2023: Entire section added, (SB 23-254), ch. 395, p. 2360, � 3, effective June 6.