Texas Senate Bill SB401

Texas 2017 - 85th Regular

• Filed: 12/27/16

Caption

Relating to the seizure of property by a peace officer.

Impact

The implications of SB401 are significant, as they aim to provide more rigorous safeguards against unlawful seizures. The changes mean that peace officers will be legally obligated to justify their actions through a warrant application shortly after a seizure. If no warrant is obtained, the property must be returned to the owner or person possessing it at the time of seizure. This adds a layer of due process that benefits individuals whose property has been seized, potentially reducing abuses of power by law enforcement and instances of wrongful seizure.

Summary

SB401 proposes amendments to the Code of Criminal Procedure regarding the seizure of property by peace officers in Texas. The bill aims to establish stricter regulations surrounding the warrantless seizure of property, mandating that when such an action occurs, a warrant must be obtained within 48 hours. This requirement is intended to protect citizens' rights and ensure that a legal framework is followed in cases where property is taken, thereby enhancing the accountability of law enforcement agencies in Texas.

Contention

Notable points of contention surrounding SB401 may arise from the perspectives of law enforcement agencies, which might argue that the 48-hour requirement could hinder timely responses in situations where immediate action is essential. Critics may voice concerns about operational difficulties, claiming that securing a warrant in such a short timeframe could complicate law enforcement duties and lead to delays in addressing criminal activities. Proponents, however, assert that these measures are necessary for upholding the rule of law and protecting citizens' rights against arbitrary state actions.