SB 277: Criminal procedure: search of persons.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. February 2, 2026Returned to Secretary of Senate pursuant to Joint Rule 56.
2. January 22, 2026January 22 hearing: Held in committee and under submission.
3. January 16, 2026Set for hearing January 22.
4. May 23, 2025May 23 hearing: Held in committee and under submission.
5. May 16, 2025Set for hearing May 23.
6. April 21, 2025April 21 hearing: Placed on APPR. suspense file.
7. April 10, 2025Set for hearing April 21.
8. April 8, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 708.) (April 8). Re-referred to Com. on APPR.
9. March 27, 2025Set for hearing April 8.
10. March 26, 2025From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
11. March 18, 2025April 1 set for first hearing canceled at the request of author.
12. March 18, 2025Set for hearing April 1.