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HI SB771
Bill
Status
1/23/2015
Primary Sponsor
Maile Shimabukuro
Click for details
AI Summary
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Requires law enforcement officers to obtain a person's voluntary and informed consent before conducting searches of a person, belongings, residence, or vehicle without a search warrant.
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Officers must request the search in an understandable manner, inform the person of the right to refuse or withdraw consent at any time, and create an audio or written and signed record documenting the voluntary consent.
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Officers must provide the searched person with copies of the consent documentation and a record including the search's time, location, date, description of items seized, demographic information of the person, and names and badge numbers of all officers involved.
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An officer's failure to comply with consent requirements shall be considered a factor in determining whether consent was voluntary and informed during legal proceedings where evidence suppression is challenged.
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Exceptions apply to searches where officers have probable cause to believe a person is armed and dangerous, and to searches justified by other established constitutional exceptions to the warrant requirement.
Legislative Description
Law Enforcement Search Powers; Voluntary and Informed Consent
Last Action
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL.
2/18/2015