Bill Text: MS HC27 | 2017 | Regular Session | Introduced
Bill Title: Constitution; amend to require actual cause or physical evidence before a search warrant is issued.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HC27 Detail]
Download: Mississippi-2017-HC27-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Constitution
By: Representative Dixon
House Concurrent Resolution 27
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 23, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A SEARCH WARRANT SHALL ONLY BE ISSUED FOR ACTUAL CAUSE OR PHYSICAL EVIDENCE INSTEAD OF PROBABLE CAUSE; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend Section 23, Mississippi Constitution of 1890, to read as follows:
"Section 23. The
people shall be secure in their persons, houses, and possessions, from
unreasonable seizure or search; and no warrant shall be issued without * * * actual cause or physical
evidence supported by oath or affirmation, specially designating the place
to be searched and the person or thing to be seized."
BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2018, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:
"This proposed constitutional amendment provides that a search warrant shall only be issued for actual cause or physical evidence instead of probable cause."
