Loading chat...
MO HB1353
Bill
Status
3/12/2015
Primary Sponsor
Gina Mitten
Click for details
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