Bill Text: MS SB2054 | 2017 | Regular Session | Introduced

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Bill Title: Search not incident to arrest; require consent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-01-31 - Died In Committee [SB2054 Detail]

Download: Mississippi-2017-SB2054-Introduced.html

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MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary, Division A

By: Senator(s) Turner-Ford

Senate Bill 2054

AN ACT TO CREATE NEW SECTION 99-1-31, MISSISSIPPI CODE OF 1972, TO REQUIRE ORAL ADVISEMENT AND WRITTEN CONSENT BEFORE SEARCH OF A VEHICLE OR OF A PERSON DURING LAW ENFORCEMENT OFFICER CONTACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 99-1-31, Mississippi Code of 1972:

     99-1-31.  (1)  (a)  Before conducting a consensual search of a person who is not under arrest, or the person's effects or a vehicle, a peace officer must comply with paragraph (b) of this subsection.

          (b)  A peace officer may conduct a consensual 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.  The factors are:

              (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)  Once having consented, the person may withdraw the voluntary consent at any time during the search.

          (c)  After providing the advisement required in paragraph (b) of this subsection, a peace officer may conduct the requested search only if the person subject to the search voluntarily provides written consent.  Evidence of 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 paragraph (b) of this subsection;

              (ii)  The name of the person consenting to the search;

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

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

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

     (2)  A peace officer who provides the required advisement need not provide a specific recitation of the advisement; substantial compliance with the substance of the factors is sufficient to comply with the requirement.

     (3)  If a defendant moves to suppress any evidence obtained in the course of the search, the court shall consider the failure to comply with this section as a factor in determining the voluntariness of the consent.

     (4)  This section does not apply to a search conducted pursuant to Section 99-3-7, a valid search incident to or subsequent to a lawful arrest, or to a search for which there is not a legal basis other than voluntary consent, including, but not limited to, a search in a correctional facility or on correctional facility property, custody facility, juvenile correctional facility operated by or under a 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.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.