Tuesday, July 01, 2008

NYPD to require written consent for traffic and home searches

Grits' coverage on the topic of "consent search" reforms - i.e., requiring written or recorded consent for warrantless police searches - pretty much petered out with the veto by Governor Perry of legislation requiring it in 2005. The following session, Perry's renewed veto threat kept the bill from even getting a hearing, though several dozen departments statewide enacted policies of their own accord.

Outside of Texas, however, pragmatic concerns are causing more departments to require written consent, most recently the largest police department in the country in New York City. According to New York Newsday:
The initiative was put in place because consent searches are often challenged at trial - and jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said. ... In one case, a federal judge said he found it 'wholly plausible' that a sergeant forced his way into a Bronx apartment to conduct a search despite the sergeant's contention otherwise.
Via Drug War Rant.

See prior, related Grits coverage:

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