Bill > SB277

This bill adds Section 833.6 to the California Penal Code to provide clear guidelines for when and how peace officers can request consent to search an individual, their property, or their effects. The bill specifies that an officer may only request a consensual search if they are investigating a crime and have reasonable suspicion that the individual possesses evidence of criminal activity. If requesting a search, the officer must follow a specific procedure: first, advise the individual that their consent is voluntary; second, explain the scope of the search; and third, receive and record the individual's consent. The bill requires officers to record these actions consistent with their agency's policies. Officers are prohibited from exceeding the agreed-upon scope of the search and must stop if the individual withdraws consent. The bill also addresses unsolicited consent searches, requiring similar procedural safeguards. Additionally, the bill includes provisions allowing local jurisdictions to adopt more protective search policies and ensures that the search request does not violate any state law, local ordinance, or agency policy. If the Commission on State Mandates determines that the bill imposes state-mandated costs, local agencies will be reimbursed according to existing government code provisions.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB277