Bill Commons

CA SB 277

dead

Criminal procedure: search of persons.

California · 2025-2026 Regular Session · upper

Description

Existing provisions of the United States and California Constitutions ensure the right of the people to be secure in their persons, houses, papers, and effects against warrantless seizures and searches. Case law establishes exceptions to this right, including allowing a peace officer to conduct a limited search of a person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others, or if the person consents to a search. This bill would authorize a peace officer to request consent to search an individual, their property, or their effects only if the officer is investigating a crime and has reasonable suspicion that the individual to be searched has an item in their possession that is evidence of criminal activity. The bill would require the officer to follow a specified procedure in a specified order, including advising the individual that their consent is voluntary, explaining to the individual the scope of the search, and recording the individual's consent. The bill would prohibit an officer from exceeding the scope of the search explained to the individual and would require the officer to discontinue the search if the individual withdraws their consent. The bill would authorize searches based on unsolicited consent if the officer follows specified procedures. The bill would require an officer to record the required actions they performed before and during a consensual search consistent with the policies of their employing agency. Because the bill would impose requirements on local law enforcement, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Introduced
2025-02-04
Status date
Latest action
2026-02-02 — Returned to Secretary of Senate pursuant to Joint Rule 56.
Bill type
bill
Last updated

Subjects

Sponsors

  • Weber Piersonauthor

Committees

Not provided by source.

Action timeline

  1. 2025-02-04

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    introduction,reading-1,referral-committee

  2. 2025-02-05

    From printer. May be acted upon on or after March 7.

  3. 2025-02-14

    Referred to Com. on PUB. S.

    referral-committee

  4. 2025-03-18

    Set for hearing April 1.

  5. 2025-03-18

    April 1 set for first hearing canceled at the request of author.

  6. 2025-03-26

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

    amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  7. 2025-03-27

    Set for hearing April 8.

  8. 2025-04-08

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 708.) (April 8). Re-referred to Com. on APPR.

    committee-passage,committee-passage-favorable,referral-committee

  9. 2025-04-10

    Set for hearing April 21.

  10. 2025-04-21

    April 21 hearing: Placed on APPR. suspense file.

  11. 2025-05-16

    Set for hearing May 23.

  12. 2025-05-23

    May 23 hearing: Held in committee and under submission.

  13. 2026-01-16

    Set for hearing January 22.

  14. 2026-01-22

    January 22 hearing: Held in committee and under submission.

  15. 2026-02-02

    Returned to Secretary of Senate pursuant to Joint Rule 56.

    failure

Versions

Documents

Votes

  • Do pass, but first be re-referred to the Committee on [Appropriations]

    2025-04-08 · pass · 4-1

    Member-level votes (6)
    • Pérez: yes
    • Wiener: yes
    • Arreguín: yes
    • Gonzalez: yes
    • Seyarto: no
    • Caballero: other
  • Placed on suspense file

    2025-04-21 · pass · 6-0

    Member-level votes (7)
    • Grayson: yes
    • Wahab: yes
    • Richardson: yes
    • Cabaldon: yes
    • Caballero: yes
    • Seyarto: yes
    • Dahle: other

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_bulk_csv, retrieved 2026-07-24T01:34:27.960412Z

Use this data

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