New bill requires police to get suspect’s consent before searching


The NYPD is preparing to get slapped with a whole new set of restrictions from a new bill the City Council will be introducing next Thursday. This legislation would require police officers to get consent for searches when they don’t have a warrant, aren’t making an arrest or don’t have probable cause. Only two other states in the country have similar stringent requirements, West Virginia and Colorado. As it stands now, a suspect has every right to reject a search, but police are under no obligation to let the suspects know that, and certainly are not required to get written permission. Sources said the language of the new bill is essentially the same as a prior version introduced by the council in 2012. That bill was part of the four-bill Community Safety Act. The Community Safety Act was established to compel police officers to issue the equivalent of a Miranda warning to people they want to search. On June 27, 2013, two of the four bills in the Community Safety Act were passed by the City Council. The first bill, titled “End Discriminatory Profiling Act”, passed with the goal of protecting New Yorkers against discriminatory profiling by the NYPD. The second bill, the “NYPD Oversight Act”, was created to do just what the name says, establish independent oversight of the NYPD. On July 23, 2013, Mayor Bloomberg vetoed both bills, but on August 22, 2013, the City Council overrode the vetoes. Local police Unions made every attempt to block those bills, and they will likely be forced to get in the ring once more. Police Union leaders claim it gives a free pass to potential criminals. Patrolmen’s Benevolent Association president, Patrick Lynch, was quick to show extreme discontent by saying,

“This is the exact kind of poorly conceived idea from this City Council that starts with the belief that aggressively fighting crime to keep communities safe is a bad thing.”
He added, “This kind of proposal makes it appear that the council is more interested in protecting criminals than keeping communities safe.”
Ed Mullins, president of the Sergeants Benevolent Association, even called the bill “total insanity.”
The measure would need at least 26 votes to pass before heading to Mayor de Blasio’s desk for approval or veto. Council Speaker Melissa Mark-Viverito’s spokesman said she is reviewing the proposal. According to a spokesman, the mayor is also planning to review the legislation as well.