AB 93: Criminal procedure: consensual searches.

Session Year: 2023-2024
House: Assembly
Latest Version Date: 2023-02-23

Current Status:

Failed

(2023-06-01: Reconsideration granted. (Ayes 53. Noes 17. Page 2140.))

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law describes search warrants and enumerates the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized constitute evidence showing that a felony has been committed. Existing law authorizes a peace officer to conduct a search without a warrant if they have the voluntary consent of the person.

This bill would state the intent of the Legislature to enact legislation to prohibit officers from requesting consent to conduct a search if the officer does not suspect criminal activity.

This bill would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a persons consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search.

Discussed in Hearing