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MO HB2471

Bill

Status

Introduced

2/3/2016

Primary Sponsor

Gina Mitten

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Peace officers must provide written notice informing individuals 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 vehicle

  • Written consent from the person is required before the search can proceed; alternative evidence of knowing and voluntary consent is acceptable only if the person is unable to provide written consent

  • Courts must consider failure to comply with these requirements as a factor when determining voluntariness of consent if a defendant moves to suppress evidence obtained during the search

  • Exemptions include searches based on probable cause, searches incident to lawful arrest, and searches in correctional facilities, detention facilities, juvenile detention facilities, mental health facilities, and jails

  • Searches of individuals on probation or parole who have consented to searches as a condition of their supervision are also exempt

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 or the person's effects or vehicle

Last Action

Referred: Public Safety and Emergency Preparedness(H)

5/13/2016

Committee Referrals

Public Safety and Emergency Preparedness5/13/2016

Full Bill Text

No bill text available