Criminal procedure: consensual searches.
Summary
Existing law describes search warrants and enumerates the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized constitute evidence showing that a felony has been committed. Existing law authorizes a peace officer to conduct a search without a warrant if they have the voluntary consent of the person. This bill 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, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search.
Bill status
failed
2 of 4 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2023
Assembly Failed
Jun 2023
Governor
Introduced Jan 9, 2023
Last action Jun 1, 2023
Floor votes · Assembly Jun 1, 2023
How they voted
35–22
Failed · 23 other
Total votes 80
Jun 1, 2023
D
Democratic62
56% Yea
R
Republican18
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
12
Key actions
2
Committee
4
Amendments
1
Jun 1, 2023
Vote failed
Assembly Vote: fail (35-22-23)
assembly
Mar 7, 2023
Lower · Passed
From committee: Do pass. (Ayes 6. Noes 1.) (March 7).
lower
Feb 27, 2023
Committee
Re-referred to Com. on PUB. S.
lower
Feb 23, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Feb 23, 2023
Committee
Referred to Com. on PUB. S.
lower
Jan 10, 2023
Lower · Passed
From printer. May be heard in committee February 9.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Isaac Bryan
DDemocratic
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