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MO HB1353

Bill

Status

Introduced

3/12/2015

Primary Sponsor

Gina Mitten

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Peace officers must inform individuals that they are being asked to voluntarily consent to a search and that they have the right to refuse before conducting a consensual search of a person not under arrest, their effects, or a vehicle

  • Searches may proceed only after the person provides verbal or written consent; alternative evidence of knowing and voluntary consent is acceptable if the person cannot provide verbal or written consent

  • Officers are not required to use specific language; substantial compliance with the notification requirements is sufficient

  • Courts must consider an officer's failure to comply with these requirements as a factor when determining whether consent was voluntary in suppression motions

  • Exemptions include searches based on probable cause, searches incident to arrest, and searches in correctional facilities, detention facilities, mental health facilities, jails, or of probationers/parolees who consented to searches as a condition of supervision

Legislative Description

Requires a peace officer to provide an oral advisement and obtain written consent for a voluntary search of a person not under arrest, a person's effects, or a vehicle

Last Action

Referred: Public Safety and Emergency Preparedness(H)

5/15/2015

Committee Referrals

Public Safety and Emergency Preparedness5/15/2015

Full Bill Text

No bill text available