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Bill would require officers to document consent searches; sponsor says move completes earlier reforms
Summary
House Bill 162 would require law-enforcement officers to inform people asked for consent to search property that they have a right to refuse and to document any consent in writing or on a recording.
Representative Buzz Scherr told the committee House Bill 162 would require officers to inform a person before seeking consent to search property that the person has a constitutional right to refuse consent, and to record or secure written documentation if consent is given. Scherr said the measure builds on earlier reforms that required similar notice for vehicle searches and extends the protection to all property searches where consent is sought.
Committee members asked about exigent circumstances and whether the requirement would slow investigations. Representative Scherr and the sponsor said the bill does not prevent officers from obtaining warrants or acting under exigent circumstances; it requires informing the person and recording consent where consent is requested and obtained.
Assistant county attorneys told the committee that consent is a recognized exception to the warrant requirement and that case law governs the voluntariness of consent. They recommended careful drafting to avoid unintended consequences and noted that officers retain the ability to seize property or obtain warrants when probable cause exists.
Ending: Committee members asked for technical clarifications but broadly described the bill as completing earlier body-of-work on search-consent notices. No committee vote was held at the hearing.
