Senate File 2146 - Introduced



                                       SENATE FILE       
                                       BY  GRONSTAL


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to searches conducted by a canine narcotics unit.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 6040XS 81
  4 jm/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  124.417  CANINE SEARCHES.
  1  2    1.  As used in this section:
  1  3    a.  "Canine narcotics unit" means a peace officer using a
  1  4 canine trained to find a controlled substance.
  1  5    b.  "Peace officer" means the same as defined in section
  1  6 801.4, and designated peace officers of an aviation authority
  1  7 under section 330A.8.
  1  8    2.  A canine narcotics unit shall only be used under the
  1  9 following circumstances:
  1 10    a.  A peace officer has obtained a voluntary consent to
  1 11 search the property by the owner of the property to be
  1 12 searched.
  1 13    b.  A peace officer has probable cause to search the
  1 14 property.
  1 15    c.  A peace officer during a valid traffic stop has a
  1 16 reasonable, articulable suspicion that a controlled substance
  1 17 in violation of this chapter may be found, and the use of a
  1 18 canine narcotics unit will not cause undue delay or
  1 19 inconvenience for the owner or operator of the motor vehicle.
  1 20    3.  Any canine narcotics unit shall also be equipped with a
  1 21 visual video or digital recorder to be used whenever the
  1 22 canine narcotics unit is deployed to search any property or
  1 23 person for a controlled substance.  The search shall be
  1 24 recorded from the time the canine narcotics unit begins the
  1 25 search of the person or property until such time as the peace
  1 26 officer is alerted of the possibility of the presence of a
  1 27 controlled substance and the potential controlled substance is
  1 28 seized, or until the search ends, whichever is longer.
  1 29    4.  Any evidence seized in violation of this section shall
  1 30 not be used against the owner or possessor of such property in
  1 31 any criminal proceeding.
  1 32    5.  This section does not apply to a canine narcotics unit
  1 33 used in searches at a correctional institution or jail.
  1 34                           EXPLANATION
  1 35    This bill relates to searches conducted by a canine
  2  1 narcotics unit.
  2  2    The bill provides that a canine narcotics unit shall only
  2  3 be used under the following circumstances:  a peace officer
  2  4 has obtained voluntary consent to search; a peace officer has
  2  5 probable cause; or a peace officer during a valid traffic stop
  2  6 has a reasonable, articulable suspicion that a controlled
  2  7 substance may be found and conducting a canine search would
  2  8 not cause undue delay or inconvenience to the person or owner
  2  9 of the property being searched.  The bill does not apply to
  2 10 searches conducted at a correctional institution or jail.
  2 11    The bill defines a "canine narcotics unit" to mean a peace
  2 12 officer using a canine trained to find a controlled substance.
  2 13 The bill defines "peace officer" the same as peace officers
  2 14 defined in Code section 801.4, and designated peace officers
  2 15 of an aviation authority under Code section 330A.8.
  2 16 LSB 6040XS 81
  2 17 jm:nh/je/5