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Criminal Law

: Grits for Breakfast

Time to implement written consent at traffic stop searches

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Can Texas drivers really refuse "consent" to seach at traffic stops when police officers have the ability to arrest them, even for the most minor traffic violation if they refuse comply? That's the question posed by Rep. Harol Dutton's HB 917, which would require written or recorded consent for searches at traffic stops without a warrant or probable cause. The bill was up in the House Public Safety Committee yesterday. (See the video here beginning at the 2:43:45 mark.) I've supported this idea for years and think it would be a big improvement over the status quo. Critics of the legislation were allowed to testify first. A CLEAT lobbyist called the legislation a bill with "evil intent," because he claimed it assumes all officers are intentionally violating the rules...continue to full post

Full post as published by Grits for Breakfast on March 10, 2009 (boomark / email).

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