Official Summary Text
SB 277, as amended, Weber Pierson.
Criminal procedure: search of persons.
Existing provisions of the United States and California Constitutions ensure the right of the people to be secure in their persons, houses, papers, and effects against warrantless seizures and searches. Case law establishes exceptions to this right, including allowing a peace officer to conduct a limited search of a person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or
others.
others, or if the person consents to a search.
This bill
would, consistent with existing case law, codify the authority of a peace officer to search an individual incident to a lawful stop under specified circumstances, including that the officer has a warrant to search the individual or has probable cause to believe that the individual is about to commit a crime, is committing a crime, or has committed a crime
immediately preceding the search. The bill would require an officer to ask for and obtain consent to search the individual in all other circumstances, and would specify that an officer could
would authorize a peace officer to
request consent to search
an individual, their property, or their effects
only if the officer is investigating a crime and has reasonable suspicion that the individual to be searched has an item in their possession that is evidence of criminal activity. The bill would require the officer to follow a specified procedure in a specified order, including advising the individual that their consent is voluntary, explaining to the individual the scope of the search, and recording the individual’s consent. The bill would prohibit an officer from exceeding the scope of the
search explained to the individual and would require the officer to discontinue the search if the individual withdraws their consent. The bill would authorize searches based on unsolicited consent if the officer follows specified procedures.
The bill would require an officer to record the required actions they performed before and during a consensual search consistent with the policies of their employing agency.
Because the bill would impose requirements on local law enforcement, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would
provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.