South Carolina House members approved the key vote on a bill Wednesday that would allow officers to search people released on probation or parole without first obtaining a warrant from a judge. Bill sponsor Republican Keith Kelly, a Spartanburg attorney, said that his legislation actually clarifies stop and search law already in effect.
Wednesday’s debate was overlooked by a gallery filled with police chiefs from around the state.
The measure only applies to vehicles and the person’s body. The bill was amended in House committee before reaching the floor to specify that officers do not have the right to search the residences of family members.
House Speaker Bobby Harrell said those affected by the legislation are not entitled to the same privacy as regular citizens, because they were released from prison conditionally. He says they’re still being punished.
The House approved the bill by an 81-26 vote.
Some of the most interesting comments in Wednesday’s four-hour debate came from retired Greenville police officer Michael Pitts of Laurens, a Republican who said he must oppose the legislation.
(Pitts on warrantless searches MP3 5:17)
Pitts on warrantless searches
The measure includes a one-day suspension without pay for any officer caught not immediately writing up information about a search.
Richland County Democrat Todd Rutherford asserted that officers commonly check identification without good reason in order to determine if a person is on probation, and he said that can lead to a search.
Richland County Democrat Joe Neal said it gave him serious concerns about unconstitutional intrusion. He read from the U.S. Constitution.
The Senate passed similar legislation last year.
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