§ 23–526. Limitations on consent searches.

*NOTE: This section was created by temporary legistation that will expire on March 25, 2023.*

(a) In cases where a search is based solely on the subject's consent to that search, and is not executed pursuant to a warrant or conducted pursuant to an applicable exception to the warrant requirement, sworn members of District Government law enforcement agencies shall:

(1) Prior to the search of a person, vehicle, home, or property:

(A) Explain, using plain and simple language delivered in a calm demeanor, that the subject of the search is being asked to voluntarily, knowingly, and intelligently consent to a search;

(B) Advise the subject that:

(i) A search will not be conducted if the subject refuses to provide consent to the search; and

(ii) The subject has a legal right to decline to consent to the search;

(C) Obtain consent to search without threats or promises of any kind being made to the subject;

(D) Confirm that the subject understands the information communicated by the officer; and

(E) Use interpretation services when seeking consent to conduct a search of a person:

(i) Who cannot adequately understand or express themselves in spoken or written English; or

(ii) Who is deaf or hard of hearing.

(2) If the sworn member is unable to obtain consent from the subject, refrain from conducting the search.

(b) The requirements of subsection (a) of this section shall not apply to searches executed pursuant to a warrant or conducted pursuant to an applicable exception to the warrant requirement.

(c)(1) If a defendant moves to suppress any evidence obtained in the course of the search for an offense prosecuted in the Superior Court of the District of Columbia, the court shall consider an officer's failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.

(2) There shall be a presumption that a search was nonconsensual if the evidence of consent, including the warnings required in subsection (a) of this section, is not captured on body-worn camera or provided in writing.

(d) Nothing in this section shall be construed to create a private right of action.