Keep Texas Safe and Free Require Recorded Consent to Search
- by: Texas ACLU
The Texas Legislature just passed a law (SB 1195) requiring written or recorded consent for police searches at traffic stops. If Governor Perry signs the bill into law, a police officer won't be able to gain consent to search your car without telling you that you have a right to say "no" - and recording your consent formally on paper or video tape.
This law is a win for public safety - keeping Texans safe! With no formal documentation that a driver voluntarily consents to a search, judges can suppress evidence when a defendant claims that no consent was given. In cities that already require recordable consent, like the City of Austin, the number of non-assenting searches declined by 63% - freeing up valuable police time for improving 911 responses. And in the states that have similar laws required recorded consent, there has been no increases in the crime.
This law is a win for civil liberties - keeping Texans free! The Constitution guarantees the right to refuse a search, but it rarely happens because the average driver feels intimidated or may not know their legal rights. Additionally, searches are performed disproportionately based on race. Informing all people of their right to refuse a search helps end racial profiling.
Both the Texas House and Senate passed this
major legislation to re-establish your constitutional right to say no to a
search of your vehicle at a traffic stop - and this bill now awaits the
governor's signature.
I'm writing to express my hope that you'll sign SB 1195, which would require documentation of a drivers consent when police ask to search the car at traffic stops. This legislation will keep criminals from going free when judges suppress evidence under he-said-she-said consent circumstances, and will also inform drivers of our fourth amendment rights.
SB 1195 doesn't ban consent searches. Three other states and the California Highway Patrol have banned consent searches all together, and in no case did crime increase as a result of these bans. SB 1995 merely requires officers to document consent, either in writing or on video, making it tougher for defendants to dispute the consent later if police find drugs or other illegal items. The Texas Department of Public Safety already requires troopers to obtain written consent to search.
SB 1195 is your opportunity to keep judges from overturning the hard work of police officers on technicalities, at no cost but informing citizens of their rights. It's really a win-win for all the citizens of Texas.
At the end of the day, since evidence shows consent searches don't produce contraband up to 90% of the time, a reduction in consent searches would also free up officers for more productive uses, like improving 911 response times, without harming public safety.
I strongly encourage you to sign SB 1195 to protect Texans' rights and to ensure evidence of crimes isn't suppressed in court.
Sincerely,
/your signature/
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