HB 324

84(R) - 2015
House Homeland Security & Public Safety
House Homeland Security & Public Safety

Vote Recommendation

  • Neutral
  • Neutral
  • Positive
  • Neutral
  • Positive


Harold Dutton Jr.

Bill Caption

Relating to a requirement that a peace officer obtain a search warrant before conducting a body cavity search during a traffic stop.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

This bill would require a peace officer to have a search warrant to pursue a body cavity search of an anal or vaginal cavity.

Vote Recommendation Notes

In the past few years, the Department of Public Safety has settled numerous cases in regard to police officers conducting body cavity searches.  Currently, DPS is being sued by a citizen over this issue. As the previously linked article describes, abuses by the hands of law enforcement are gross violations of individual liberty and have serious emotional and sometimes physical consequences. No citizen should ever have to fear this from a peace officer of the state of Texas. 

If an officer feels strongly that a body cavity is being used to conceal contraband or possible evidence to a crime, then the officer may detain the suspect and request a warrant.

This bill would help prevent peace officers from conducting invasive searches that lead them to be liable to lawsuits.  These lawsuits cost the taxpayers money, thus increasing spending by the government.  These invasive searches are contrary to our fourth amendment rights according to the US Constitution.  This legislation would prevent peace officers from violating the individual liberty of citizens from invasive searches that many reasonably view as sexual assault. This would furthermore uphold the due process rights of the individual.

Organizations Opposed

Texas Municipal Police Association