Criminal procedure: search of persons.

Senator Weber Pierson's proposal to regulate consent-based searches by California peace officers establishes specific protocols officers must follow when requesting and conducting voluntary searches of individuals or their property.

The legislation requires officers to meet two threshold conditions before requesting consent for a search: they must be actively investigating a crime and have reasonable suspicion that the individual possesses evidence of criminal activity. When these conditions are met, officers must follow a prescribed sequence - informing individuals that consent is voluntary, explaining the intended scope of the search, and documenting the person's consent according to state law. Officers must stay within the explained parameters and halt the search if consent is withdrawn.

The bill also addresses scenarios involving unsolicited consent, requiring officers to verify voluntariness, confirm search scope, and maintain proper documentation. Local jurisdictions retain authority to adopt more protective requirements, while agencies must ensure their consent search practices align with all applicable state laws, local ordinances, and department policies. As a state-mandated program, local agencies would receive reimbursement for implementation costs if determined necessary by the Commission on State Mandates.