House Concurrent Resolution 46

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 2013, 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."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.