Prohibits warrantless searches of private residences by state employees, except under certain circumstances

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Prohibits warrantless searches of private residences by state employees, except under certain circumstances

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1665 - This act prohibits government agents, as such term is defined in the act, from entering a private residence without a warrant unless they have received permission from the owner or occupant, are responding to a life-threatening emergency, or are preventing the imminent destruction of evidence.

What This Bill Does

• The following summaries of this bill are available: Print All Summaries Introduced Print SB 1665 - This act prohibits government agents, as such term is defined in the act, from entering a private residence without a warrant unless they have received permission from the owner or occupant, are responding to a life-threatening emergency, or are preventing the imminent destruction of evidence.
• Where a government agent enters private land, such agent is required by this act to immediately notify the landowner or occupant if they are present.
• If equipped with a body-mounted camera, such camera must be activated and recording the entire time the agent is on the property.
• Such agent is also required to show the warrant to the owner or occupant if they are present.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

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SB 1665 - This act prohibits government agents, as such term is defined in the act, from entering a private residence without a warrant unless they have received permission from the owner or occupant, are responding to a life-threatening emergency, or are preventing the imminent destruction of evidence.

Where a government agent enters private land, such agent is required by this act to immediately notify the landowner or occupant if they are present. If equipped with a body-mounted camera, such camera must be activated and recording the entire time the agent is on the property. Such agent is also required to show the warrant to the owner or occupant if they are present.

This act prohibits a government agent from seizing any private property from a home or private land unless such agent has a warrant authorizing the seizure, or they entered due to exigent circumstances. Any evidence obtained from a search or seizure in violation of this act is inadmissible in any court proceeding. If a person is arrested pursuant to a search or seizure in violation of this act, such arrest is invalid. A person that has been subjected to a search or seizure that violates this act, may bring a civil action against the violating state agency.
TRISTAN BENSON JR.

Current Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1665
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
6833S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 542, RSMo, by adding thereto one new section relating to entry of a private
residence.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 542, RSMo, is amended by adding thereto 1
one new section, to be known as section 542.273, to read as 2
follows:3
542.273. 1. No government agent shall enter a private 1
home or residence without a warrant except: 2
(1) After receiving the permission of the property 3
owner, lessee, or occupant; 4
(2) To respond to a life-threatening emergency or 5
another immediate threat to public safety that was either 6
reported to the government agent or the government agent 7
personally observed; 8
(3) To prevent the imminent destruction of evidence of 9
a crime where the government agent has probable cause such 10
destruction is about to occur. 11
Upon entering private land, the government agent shall 12
immediately notify the landowner, lessee, or occupant if 13
notice can be reasonably made. Unless entering under an 14
exception in this subsection, a government agent shall show 15
the warrant to the property owner, lessee, or occupant if 16
they are present. If a government agent is equipped with a 17
SB 1665 2
body-mounted camera while entering a home or private land, 18
the camera shall be activated and recording the entire time 19
the government agent is on the property. A government agent 20
shall not seize any private property from a home or private 21
land unless the government agent first acquires a warrant 22
authorizing the seizure, or the government agent has entered 23
the home or private land with consent or under exigent 24
circumstances and has individualized probable cause of the 25
commission of a criminal offense. 26
2. Any evidence obtained pursuant to a search or 27
seizure conducted in violation of this section is 28
inadmissible in any administrative, civil, or criminal 29
proceeding. Any arrest made pursuant to a search or seizure 30
conducted in violation of this section is invalid. Any 31
person who has been subjected to a search or seizure in 32
violation of this section may bring a civil action against 33
the state agency employing such government agent. A 34
prevailing plaintiff may recover declaratory relief, 35
injunctive relief, compensatory damages, nominal damages, 36
and attorney's fees. 37
3. As used in this section, the term "government 38
agent" shall mean any employee of a state agency, as the 39
term "state agency" is defined in section 36.020. 40
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