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Texas

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6/21/05-Gov. Rick Perry has vetoed a bill that would have changed the requirements of legal consent for police searches of vehicles.
On June 17, the governor vetoed SB1195, which would have required officers to have either probable cause or obtain written or recorded oral consent, before they could search a vehicle. The bill was passed in the House on May 25, and cleared the Senate in April.
Current law does not require police to tell drivers that they can refuse a search if no probable cause exists.
In a veto statement, Perry said he believes the state’s constitution and case law already provide sufficient protection from unreasonable searches.
“There is insufficient information now to determine whether signed or taped consent requirements place too onerous a burden on law enforcement or provide additional protections to the public,” Perry said in his veto statement.

6/1/05-The House approved a bill May 25 that would prohibit police from performing consent searches without probable cause.
SB1195, sponsored by Sen. Juan Hinojasa, D-Mission, would require officers to have either probable cause or obtain written or recorded oral consent, before they can search a vehicle.
Current law does not require police to tell drivers that they can refuse a search if no probable cause exists.
The bill, which passed the Senate in April, has been sent to Gov. Rick Perry for his signature.
For bill status, call (512) 463-2182. In Texas, call 1-877-824-7038.

5/11/05-The House Law Enforcement Committee voted May 10 to advance a bill that would prohibit police from performing consent searches without probable cause.
SB1195, which previously passed the Senate, has been sent to the Calendars Committee before heading to the full House.
Sponsored by Sen. Juan Hinojasa, D-Mission, the bill would require officers to get written permission from motorists before they can search their vehicles, unless there is probable cause. An amendment in the House version of the bill would allow police to videotape the driver’s compliance, rather than get written permission.
Current law does not require police to tell drivers that they can refuse a search if no probable cause exists.
For bill status, call (512) 463-2182. In Texas, call 1-877-824-7038.

4/19/05-A bill sponsored by Sen. Juan Hinojasa, D-Mission, would prohibit police from performing consent searches without probable cause.
SB1195 is in the Senate Criminal Justice Committee.
For bill status, call (512) 463-2182. In Texas, call 1-877-824-7038.

 

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