Louisiana Senate Bill SB70

Louisiana 2018 Regular Session

• Introduced: 2/21/18
• Refer: 2/21/18
• Refer: 3/12/18
• Report Pass: 3/20/18
• Engrossed: 4/4/18
• Refer: 4/5/18
• Report Pass: 4/26/18
• Enrolled: 5/15/18
• Chaptered: 5/20/18
• Passed: 5/20/18

Caption

Provides relative to permissible warrantless searches of the residences of defendants on probation or parole. (8/1/18)

Impact

By permitting warrantless searches under specific conditions, SB70 overrules the precedent set by the Louisiana Supreme Court in the case of State of Louisiana v. Brignac. This decision had previously established that warrantless searches by officers other than the assigned probation officer violated the rights of individuals on probation. This legislative change means that officers may perform warrantless searches without the original conditions that were previously put in place, which may lead to significant modifications in enforcement practices.

Summary

Senate Bill 70 aims to amend existing legislation concerning the conditions of probation, specifically regarding warrantless searches of probationers' residences by probation and parole officers. The bill explicitly allows these officers to conduct searches without a warrant if they have reasonable suspicion that the probationer is engaged in criminal activity. This change seeks to enhance the oversight of probationers and improve public safety by enabling quicker responses to potential violations of probation terms.

Sentiment

The sentiment surrounding SB70 has been generally supportive among legislators advocating for increased law enforcement powers regarding probation oversight. Proponents argue that the bill will lead to safer communities by enabling more effective monitoring of individuals on probation, thereby preventing recidivism. However, there are concerns expressed by civil rights advocates who view this move as an erosion of privacy rights and a potential overreach of state authority.

Contention

Notable points of contention have emerged regarding the bill's implications for privacy and civil liberties. Critics argue that allowing warrantless searches broadens the scope of law enforcement powers too widely and may disproportionately affect marginalized communities. They assert that enhanced surveillance measures could lead to increased violations of rights and could potentially criminalize behavior that would otherwise not warrant such investigations.