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Criminal Law

: Grits for Breakfast

Dutton: Require written or recorded consent for traffic stop searches

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On Monday, the Texas House Public Safety Committee will hear a particularly star-crossed piece of legislation by Houston state Rep. Harold Dutton, HB 917, which would require written or recorded consent for police to search personal vehicles at a traffic stops without probable cause.This is an identical version of a bill that passed 29-2 in the Texas Senate and 96-41 in the House back in 2005 but was inexplicably vetoed by Governor Rick Perry. Since then we've seen numerous situations, most recently in East Texas, where police have abused their search authority.I've written so much about this same legislation in the past, for now let me simply endorse the bill enthusiastically and link to past, related Grits coverage if you'd like more detail on the subject:Written consent protects Texans' rights and prosecutors casesHouse vote count on written consent'Strange coalition' backs SB 1195NYPD to require written consent for traffic and home searchesSearching for consent at Texas traffic stopsDon't mind if I take a look, do ya?Police oversearching not all about raceAustin drivers refuse searches when they know they canHow often do drivers refuse consent searches?continue to full post

Full post as published by Grits for Breakfast on March 05, 2009 (boomark / email).

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