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MO HB2471
Bill
Status
2/3/2016
Primary Sponsor
Gina Mitten
Click for details
AI Summary
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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
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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
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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
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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
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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