Injustice Anywhere (by way of Grits for Breakfast) reports on a new bill in Texas that would require peace officers to get signed consent from motorists before inspecting their vehicles during a routine traffic stop. The bill states [bill text]:

A peace officer who stops a motor vehicle for any alleged violation of a law or ordinance regulating traffic may not search the vehicle unless the peace officer:
(1)  has probable cause or another legal basis for the search; or
(2)  obtains on a form that complies with Section 411.0207, Government Code, the written consent of the operator of the vehicle.

SECTION 2.  Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.0207 to read as follows:
Sec. 411.0207.  GUIDELINES FOR FORMS INDICATING CONSENT TO VEHICLE SEARCH. 
(a)  The director by rule shall establish requirements for a form used to obtain the consent of the operator of a motor vehicle under Article 1.06, Code of Criminal Procedure.
(b)  At a minimum, the rules must require the form to contain:

(1)  a statement that the operator of the motor vehicle fully understands that the operator may refuse to give the peace officer consent to search the motor vehicle;
(2)  a statement that the operator of the motor vehicle is freely and voluntarily giving the peace officer consent to search the motor vehicle;
(3)  the time and date of the stop giving rise to the search;
(4)  a description of the motor vehicle to be searched; and
(5)  the name of each peace officer conducting the stop or search.

I think the part requiring written consent in the absence of probable cause is great, because as Grits reports, jurisdictions that already require written consent have seen a 63% decline in motorists willing to waive their rights. At the very least, people will be more informed of their right to decline to consent.

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