New Law for Consent to Be Searched to be Proposed – Marion County Criminal Lawyers, Hernando County Criminal Lawyer Ocala
Marion County Criminal Lawyers – A year after it stalled, a law that would require police officers to inform citizens of their right to decline to be searched will be a topic of discussion for the new legislative session. The law aims to require police officers that when asking to conduct a consensual search, to inform citizens that they have the right to decline the search.
About half of searches done by police officers are not done with a warrant or as an exception to the warrant requirements, but rather done because a citizen has agreed to allow the search.
The reason for the new law is a concern that many people who are pulled over for a minor civil infraction often avail themselves to a search from police because they are not sure what their rights are. The new law would likely be something akin to Miranda rights, which require officers to inform a citizen of their right to remain silent when they are being put under arrest.
Those opposed to the law are afraid that this will create just an additional hurdle for law enforcement in trying to do their job, and could lead to what would currently be seen as legitimately obtained evidence to be excluded, because an officer potentially failed to use the required language.
Those in favor of the law believe that many citizens are intimated by an officer in uniform and forgo their constitutional rights as a result, and believe that right needs further protection.
If the rule was instituted akin to the way Miranda has been, it would likely become routine for officers, although there would likely be a bit of a learning curve.
If you believe you have been subjected to a improper search and if you or a loved one has been accused of a crime, call Cagan & Cagan today at (352) 683-9100.
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