MS HB589

Law enforcement officers must obtain written consent before conducting voluntary searches of persons not under arrest, their effects, or vehicles, unless a legal basis for search exists under other law.

Officers must inform the person of three factors before obtaining consent: the search is voluntary, the person has the right to refuse, and consent can be withdrawn at any time.

Written consent form must include the person's name, date and time of stop, vehicle description (if applicable), officer names, and a statement of the required factors.

Substantial compliance with the advisement requirements is sufficient; officers do not need to provide an exact recitation of the factors.

Section does not apply to searches incident to lawful arrest, searches authorized by other law, or searches in correctional facilities, custody facilities, or by probation/parole officers when consent is a condition of release.