Bill Text: MS HB756 | 2017 | Regular Session | Introduced

---

Bill Title: Volunteer Search; require peace officer to obtain written consent before effectuating.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-01-31 - Died In Committee [HB756 Detail]

Download: Mississippi-2017-HB756-Introduced.html

---

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary B

By: Representative Bell (65th)

House Bill 756

AN ACT TO REQUIRE LAW ENFORCEMENT OFFICERS TO OBTAIN WRITTEN CONSENT FROM A PERSON BEFORE SUBJECTING SUCH PERSON TO A VOLUNTARY SEARCH; TO PROVIDE THAT THIS SECTION ONLY APPLIES TO VOLUNTARY SEARCHES WHERE THERE IS NO LEGAL BASIS FOR A SEARCH; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The Mississippi Legislature finds that this act is necessary for the immediate preservation of the peace, health and safety of the public.

     SECTION 2.  (1)  Prior to conducting a voluntary search of a person who is not under arrest, the person's effects or a vehicle, a law enforcement officer shall comply with the following:

          (a)  A law enforcement officer may conduct a voluntary search only after articulating the following factors to, and subsequently receiving consent from, the person subject to the search or the person with the apparent or actual authority to provide permission to search the vehicle or effects:

              (i)  The person is being asked to voluntarily consent to a search;

              (ii)  The person has the right to refuse the request to search; and

              (iii)  The person may withdraw such voluntary consent at any time during the search.

          (b)  After providing to the person the advisement required in subsection (1)(a) of this section, a law enforcement officer may conduct the requested search only if the person subject to the search voluntarily provides written consent.  Knowing and voluntary written consent must be evidenced by a form signed by the individual against whom enforcement is sought.  The form must contain the following information:

              (i)  A statement of the factors set forth in subsection (1)(a) of this section;

              (ii)  The individuals name;

              (iii)  The date and time of the stop and search;

              (iv)  The make and model of the vehicle searched, if applicable; and

              (v)  The name of each officer conducting the stop and search.

     (2)  A law enforcement officer providing the advisement required in subsection (1) of this section does not need to provide a specific recitation of the advisement, substantial compliance with the substance of the factors is sufficient to comply with the requirement.

     (3)  This section shall not apply to a search conducted in accordance with Section 99-3-7, a valid search incident to or subsequent to a lawful arrest or to a search for which there is a basis provided for by law other than voluntary consent.  This shall include, but is not limited to, a search in a correctional facility or on correctional facility property, custody facility, juvenile correctional facility operated by or under contract with the department of Human Services, any mental health institute or facility, a community corrections facility or a jail, or a search of a person subject to probation or parole by a community supervision or parole officer when the person has consented to search as a term and condition of any probation or parole.

     (4)  For the purpose of this section, "law enforcement officer" has the same meaning as provided in Section 45-6-3.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017.