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2015 House Bill 4321: Restrict warrantless residence searches
Introduced by Rep. Peter Lucido (R) on March 10, 2015
To establish that a law enforcement officer may not search a residence without a search warrant if a resident expressly objects, even if another resident consents after the objector is no longer physically present. This would not apply if one resident is the victim of a crime committed by another resident, or in “exigent” circumstances, meaning there is imminent danger to people, a suspect may escape or evidence may be destroyed.   Official Text and Analysis.
Referred to the House Criminal Justice Committee on March 10, 2015
Reported in the House on October 13, 2015
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Amendment offered by Rep. Peter Lucido (R) on October 22, 2015
To clarify details of the exception for cases in which one resident is allegedly the victim of another.
The amendment passed by voice vote in the House on October 22, 2015
Amendment offered by Rep. Peter Lucido (R) on October 22, 2015
To clarify that evidence collected in violation of the proposed law's provisions may still be used impeach a defendant's testimony.
The amendment passed by voice vote in the House on October 22, 2015
Passed 83 to 22 in the House on October 28, 2015.
    See Who Voted "Yes" and Who Voted "No".
(same description)
To establish that a law enforcement officer may not search a residence without a search warrant if a resident expressly objects, even if another resident consents after the objector is no longer physically present. This would not apply if one resident is the victim of a crime committed by another resident, or in “exigent” circumstances, meaning there is imminent danger to people, a suspect may escape or evidence may be destroyed.
Received in the Senate on October 29, 2015
Referred to the Senate Judiciary Committee on October 29, 2015
Reported in the Senate on February 18, 2016
With the recommendation that the bill pass.

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