VA Senate to consider massive police search powers expansion bill next week!
From the Fairfax County Privacy Council:
Jackson Miller (R – Prince William County) is back again this year with
his massive police search powers expansion bill, HB 436, rejected last
year by a lopsided 10-5 Committee vote. And just like last year, Miller
is peddling his tall tales about the need to “restore” police
arrest/search powers to what they were before the Virginia Supreme
Court’s 2006 decision in Moore v. Commonwealth when **in fact** way back
in 1999, Attorney General Mary Sue Terry issued an official opinion
stating that Virginia law requires release on summons for misdemeanors
unless a statutory exception applies!
And like last year, an unusually perturbed Senator Stolle (R – Virginia
Beach) in subcommittee thundered back that “I taught this law at the
police academy” and “nothing has changed” because Virginia has always
required release on summons of suspected misdemeanor violators unless
reasonable grounds (as clearly specified in the statute, including,
inter alia, being intoxicated, refusing to sign the summons and provide
name and address, refusing to cease the allegedly unlawful conduct, or
presenting a risk of harm to himself or others) exist to arrest and
fully search the person.
Action Item: Email the Senate Courts of Justice Committee!
Sample message: Please oppose HB 436, a massive police arrest and
search power expansion bill!
TO: district16@sov.state.va.us, district35@sov.state.va.us,
district08@sov.state.va.us, district13@sov.state.va.us,
district03@sov.state.va.us, district32@sov.state.va.us,
district18@sov.state.va.us, district21@sov.state.va.us,
district20@sov.state.va.us, district36@sov.state.va.us,
district37@sov.state.va.us, district26@sov.state.va.us,
district04@sov.state.va.us, district25@sov.state.va.us,
district19@sov.state.va.us
Dear Senate Courts of Justice Committee member:
Please oppose HB 436, a massive police arrest and search power expansion
bill!
Incredibly, proponents of HB 436 are marketing their bill as necessary
to “codify” past police law breaking! This is insulting to the vast
majority of police who know and follow Virginia ‘release on summons for
misdemeanors” law.
In reality, HB 436 is an attempt to turn the shield for officer safety
rule (allowing full searches of persons and vehicle containers in
custodial arrests) into a sword to pierce the Fourth Amendment and our
privacy rights!
And since the United States Supreme Court will soon issue an opinion in
Virginia v. Moore (clarifying whether the evidence suppression rule
applies to remedy violation of state arrest procedure statutes) there is
no reason to change Virginia statutes amidst this ongoing litigation.
Please vote to PBI this bill, or perhaps send it to the crime commission
for further study after the US Supreme Court issues its opinion in
Virginia v. Commonwealth.
Sincerely,
YOUR NAME
YOUR ADDRESS