AB 93 Would End Police Consent Searches
Assembly Bill 93 is a proposed bill in California that seeks to end the practice of “Consent Searches” by police officers.
*This may be a California bill, but read the analysis at the end to understand why everyone should be concerned about this.
Assembly Bill 93 is a proposed bill in California that seeks to end the practice of “Consent Searches” by police officers.
California AB 93
Under existing law, peace officers are authorized to conduct a search without a warrant if they have the voluntary consent of the person. However, AB 93 would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person's consent. The bill would specify that consent to conduct a search is not a lawful justification for a search.
The Reasoning Behind AB93
The purpose of AB 93 is to address the issue of invasive and contentious interactions between police and citizens, particularly in the context of minor traffic offenses. The bill seeks to ensure that searches only happen when there is an articulable reason, as opposed to implicit and explicit bias.
The bill, if passed, would amend California law related to search warrants and voluntary consent searches by peace officers. It would limit the circumstances under which peace officers are authorized to conduct warrantless searches, and specify that consent to conduct a search is not a lawful justification for a search.
Analysis
Having been a California Police officer for 30 years, I believe this bill will pass. Other states will be impacted by this legislation. If it does pass, expect other states to follow California’s lead. This would include red leaning states, not just blue states. Many states, both red and blue, have brought CA legislation to their state. This will significantly impact those working drug interdiction efforts.