Signed by Governor Bill Ritter, Jr.

Vote Smart's Synopsis:

Vote to repass a bill, after having concurred with Senate amendments thereto, that requires police officers to articulate specified information to and receive consent from an individual before conducting a consensual search of such individual, the individual's effects, or a vehicle.

Highlights:

-Requires police officers to articulate the following to an individual prior to conducting a search (Sec. 1):

-That the individual is being asked to voluntarily consent to a search; and -That the individual has the right to refuse the request to search.

-Requires individuals to provide verbal or written consent in order for the police officer to conduct a search, unless the individual cannot provide verbal or written consent, then "other evidence of knowing and voluntary consent" is acceptable (Sec. 1). -Exempts police officers from the aforementioned requirements if it involves a search for which there is a legal basis other than voluntary consent, including, but not limited to, a search in a correctional, detention, jail, or mental heath facility, or the property thereof, or an individual that has already consented to search as a condition of his or her probation or parole (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires police officers to articulate specified information to and receive consent from an individual before conducting a consensual search of such individual, the individual's effects, or a vehicle.

Highlights:

-Requires police officers to articulate the following to an individual prior to conducting a search (Sec. 1):

-That the individual is not in custody; -That the individual is being asked to voluntarily consent to a search; and -That the individual has the right to refuse the request to search.

-Requires individuals to provide verbal or written consent in order for the police officer to conduct a search, unless the individual cannot provide verbal or written consent, then "other evidence of affirmation" is acceptable (Sec. 1). -Exempts police officers from the aforementioned requirements if it involves a search for which there is a legal basis, including, but not limited to, a search in a correctional, detention, or jail facility, or the property thereof, or an individual that has already consented to search as a condition of his or her parole (Sec. 1).

Full Bill Text