HB 1201 Is Signed Into Law (Consent To Search)

The Bill
16-3-310. Oral advisement and written consent prior to search
of a vehicle or a person during a police contact. (1) (a) PRIOR TO
CONDUCTING A CONSENSUAL SEARCH OF A PERSON WHO IS NOT UNDER
ARREST, THE PERSON'S EFFECTS, OR A VEHICLE, A PEACE OFFICER SHALL
COMPLY WITH PARAGRAPH (b) OF THIS SUBSECTION (1).
(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; AND
(II) THE PERSON HAS THE RIGHT TO REFUSE THE REQUEST TO SEARCH.
(c) AFTER PROVIDING THE ADVISEMENT REQUIRED IN PARAGRAPH (b)
OF THIS SUBSECTION (1), A PEACE OFFICER MAY CONDUCT THE REQUESTED
SEARCH ONLY IF THE PERSON SUBJECT TO THE SEARCH VOLUNTARILY
PROVIDES VERBAL OR WRITTEN CONSENT. OTHER EVIDENCE OF KNOWING
AND VOLUNTARY CONSENT MAY BE ACCEPTABLE, IF THE PERSON IS UNABLE
TO PROVIDE WRITTEN OR VERBAL CONSENT.
(2) A PEACE OFFICER PROVIDING THE ADVISEMENT REQUIRED
PURSUANT TO SUBSECTION (1) OF THIS SECTION 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 THE REQUIREMENTS OF THIS SECTION AS A FACTOR