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  • Challenging case law?

    I've heard from two separate credible officers that there is a bill in the Texas senate that is going to make "consent to search" by verbal consent nonexistent. Making it that we can only search by written or videoed consent... Anyone else hear about this??
    “The man in black fled across the desert, and the gunslinger followed."

    "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

  • #2
    Originally posted by JTShooter View Post
    I've heard from two separate credible officers that there is a bill in the Texas senate that is going to make "consent to search" by verbal consent nonexistent. Making it that we can only search by written or videoed consent... Anyone else hear about this??
    Looks like HB 512. People introduce bills all the time and they go nowhere. First I've heard of this one.

    http://www.capitol.state.tx.us/Searc...ighlightType=1

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    • #3
      I dont really see it as an issue for most.. I have always had audio/video, I believe that most of the depts have them now a days.. A simple fix if that bill passes, if your dept doesnt have vid cam's in the car go buy a digital pocket recorder. I don't know that this bill has a chance of passing, but stranger things have happened!!
      "If you find yourself in a fair fight, your tactics suck"

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      • #4
        For cars I always have verbal consent of search recorded. For houses I always get a written consent. In my experience with court a recorded or written consent is the only way to go. IMO you should never have consent on your word. But thats just me, courts just dont take our word for it any more and certain PO ruin it also.
        Last edited by Scubadiver; 05-12-2011, 11:54 AM.

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        • #5
          Originally posted by Scubadiver View Post
          For cars I always have verbal consent of search recorded. For houses I always get a written consent. In my experience with court a recorded or written consent is the only way to go. IMO you should never have consent on your word. But thats just me, courts just dont take our word for it any more and certain PO ruin it also.
          +1

          Ill stand em in front of my car and ask consent. With houses its always written.
          Originally posted by crass cop
          Just do it in front of a camera and try not to get a boner and you shoudl be fine.

          Comment


          • #6
            I try to get the verbal consent on my in car system. Only issue is our station only has 25 body mics for 30-40 officers to use. Add to that they're rarely charged/working and our newer cars don't even have cameras yet.

            And I can't afford my own system, thanks to no OT and pay cuts.
            “The man in black fled across the desert, and the gunslinger followed."

            "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

            Comment


            • #7
              Don't know anything about the bills, but what does it have to do with "challenging case law"?

              Comment


              • #8
                Meh, meant more of flying in the face of... I'm guessing the state senator that's sponsoring the bill had a son arrested on dope charges after he consented to search...
                “The man in black fled across the desert, and the gunslinger followed."

                "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                Comment


                • #9
                  Originally posted by xcfmx View Post
                  Looks like HB 512. People introduce bills all the time and they go nowhere. First I've heard of this one.

                  http://www.capitol.state.tx.us/Searc...ighlightType=1
                  I wouldn't say that they go nowhere. One passed two sessions ago but it was vetoed by Gov. Perry.

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                  • #10
                    Originally posted by beavo451 View Post
                    Don't know anything about the bills, but what does it have to do with "challenging case law"?
                    Exactly........

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                    • #11
                      First time I have heard of this. I really can't imagine us working without some type of video or audio running. I am guessing JTshooter is referring to case law that allows verbal consent to search which this new bill would make it no longer valid?

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                      • #12
                        Like I said, meant more of "flying in the face of case law" then challenging. I was drawing a blank when I made the thread as to the proper phrase.

                        As of right now, until someone f*cks it up for us, we can get verbal consent without video/written proof (in case of vehicles/bags/person) but now Texas lawmakers want to make it that we need video/written proof of consent of vehicle/bags/person. That will cause issues when you're in a department such as mine when half the body mics don't work and half the cars don't have cameras yet.

                        I understand what they want to do, but it's impossible. Is the state going to pony up the money to departments to catch up and be in compliance? Or are they just gonna say, "too bad, suck it up"?

                        They way it was explained to these officers that told me about it was that the lawmakers trying to push the bill don't believe that drug dealer/users would voluntarily consent to search...
                        “The man in black fled across the desert, and the gunslinger followed."

                        "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                        Comment


                        • #13
                          Its only going to get worse the more we are determined to be less credible by the general public.

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                          • #14
                            Originally posted by Crimy View Post
                            Its only going to get worse the more we are determined to be less credible by the general public.
                            Yeah... it's already ridiculous...

                            Comment


                            • #15
                              Our cites have a block to initial for consent search as well. we have them initial the block if they consent before they sign the ticket. with a ticket already signed theres no way they can say they felt coerced into consenting.
                              Originally posted by crass cop
                              Just do it in front of a camera and try not to get a boner and you shoudl be fine.

                              Comment

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