Bill Would Require Advisement Prior to Consensual Searches and Consent in Writing

HB10-1201, sponsored by State Rep. Karen Middleton (D-42) and State Sen. Pat Steadman (D-31), would require law enforcement officers who conduct consensual searches of persons, their automobiles or premises, to obtain said consent in writing after advising the person that they have the right to refuse such a search. Currently, the law makes no such requirement for officers who conduct a consensual search of a person or his/her property. The written permission after advisement requirement would not apply to searches where the officer is otherwise permitted by law to conduct a search, such as pursuant to a search warrant or incident to lawful arrest.