Bills that Ensure Effective Policing
Since TCJC’s inception we have worked to improve drivers’ rights and police efficiency regarding searches at traffic stops, and this year two pieces of legislation were filed that would have significantly improved drivers’ rights and improved the use of police time and resources:
1. SB 1448 by West, Royce, Relating to reports on racial profiling in connection with motor vehicle stops; providing a penalty.
Analysis: Establishes an independent statewide repository for racial profiling reports.
Note: This repository would be in the best position to monitor compliance with S.B. 1074, collect and maintain data on a statewide level, produce an annual statewide analysis of the data, and put mechanisms in place to streamline and standardize data collection and reporting. It will also enable law enforcement agencies to compare their data to determine best practices.
Analysis: Prohibits a peace officer who stops a motor vehicle for a traffic violation from requesting consent to search the vehicle, unless the peace officer has probable cause or another legal basis for the search.
As an alternative, H.B. 1327 (Dutton) prohibits a peace officer who stops a motor vehicle for a traffic violation from requesting consent to search the vehicle, unless the peace officer (a) has probable cause or another legal basis for conducting the search, (b) obtains the written consent of the operator of the vehicle, or (c) obtains the oral consent of the operator of the vehicle and ensures that the oral consent is evidenced by an audio and video recording. Note: With regards to written or oral consent, the operator must fully understand that s/he may refuse to give the peace officer consent to search the motor vehicle and must give consent freely and voluntarily.