Louisiana Code of Criminal Procedure Article 162.3 restricts the use of no-knock warrants — warrants that let police enter without first announcing themselves. Enacted to curb dangerous, unannounced raids, this article imposes meaningful limits the defense can enforce.
What the Statute Says
Art. 162.3. No-knock warrant
A. No law enforcement officer shall seek, execute, or participate in the execution of
a no-knock warrant, except in cases where both of the following apply:
(1) The affidavit supporting the request for the warrant establishes probable cause
that exigent circumstances exist requiring the warrant to be executed in a no-knock manner.
For purposes of this Subparagraph, exigent circumstances shall include circumstances where
the surprise of a no-knock entry is necessary to protect life and limb of the law enforcement
officers and the occupants.
(2) The copy of the warrant being executed that is in the possession of law
enforcement officers to be delivered as provided in Paragraph C of this Article includes the
judge’s signature.
B. A search warrant authorized under this Article shall require that a law
enforcement officer be recognizable and identifiable as a uniformed law enforcement officer
and provide audible notice of his authority and purpose reasonably expected to be heard by
occupants of such place to be searched prior to the execution of such search warrant.
C. After entering and securing the place to be searched and prior to undertaking any
search or seizure pursuant to the search warrant, the executing law enforcement officer shall
read and give a copy of the search warrant to the person to be searched or the owner of the
place to be searched or, if the owner is not present, to any occupant of the place to be
searched. If the place to be searched is unoccupied, the executing law enforcement officer
shall leave a copy of the search warrant suitably affixed to the place to be searched.
D. Search warrants authorized under this Article shall be executed only from sunrise
to sunset except in either of the following instances:
(1) A judge authorizes the execution of such search warrant at another time for good
[Excerpt — see the full text at the official source linked below.]
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 162.3 Matters to Your Defense
Article 162.3 matters because no-knock entries are permitted only in narrow circumstances. When officers seek or execute a no-knock warrant outside those limits, the violation can support suppression and other remedies.
The manner of entry is not a mere technicality — it implicates safety and constitutional reasonableness. Courts take seriously whether the statutory conditions for a no-knock entry were actually met.
How Our Attorneys Use Article 162.3
We examine whether a no-knock provision was justified under Article 162.3, whether the issuing judge made the required findings, and whether the execution matched the authorization. Departures from the statute open the door to suppression.
We also investigate how the entry was carried out, since unreasonable execution can independently violate the Fourth Amendment. See our Louisiana criminal procedure overview for related search-and-seizure issues.
Frequently Asked Questions
A no-knock warrant authorizes police to enter a place without first knocking and announcing their presence. Article 162.3 limits when such warrants may be sought or executed.
They are permitted only in narrow, specified circumstances under Article 162.3. Outside those limits, seeking or executing a no-knock warrant can violate the statute.
An improper no-knock entry can support a motion to suppress the evidence obtained and may give rise to other remedies, depending on the facts.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a no-knock search warrant, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.