Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2011-2012 Legislature.

SB 914 - An Act to Add Section 1542.5 to the Penal Code, Relating to Search Warrants.

Search warrants: portable electronic devices. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law provides that a search warrant cannot be issued but upon probable cause supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and place to be searched. Existing case law authorizes arresting officers, without a warrant, to conduct a search incident to a lawful arrest, including to search the… More
Existing law provides that a search warrant cannot be issued but upon probable cause supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and place to be searched. Existing case law authorizes arresting officers, without a warrant, to conduct a search incident to a lawful arrest, including to search the contents of a cellular telephone taken from a suspect during an arrest.

This bill would prohibit the search of information contained in a portable electronic device, as defined, by a law enforcement officer incident to a lawful custodial arrest except pursuant to a warrant issued by a duly authorized magistrate using established procedures. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on August 22, 2011.

voted YES: 70 voted NO: 0
10 voted present/not voting

An Act to Add Section 1542.5 to the Penal Code, Relating to Search Warrants.

SB 914 — 2011-2012 Legislature

Summary
Existing law provides that a search warrant cannot be issued but upon probable cause supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and place to be searched. Existing case law authorizes arresting officers, without a warrant, to conduct a search incident to a lawful arrest, including to search the contents of a cellular telephone taken from a suspect during an arrest.

This bill would prohibit the search of information contained in a portable electronic device, as defined, by a law enforcement officer incident to a lawful custodial arrest except pursuant to a warrant issued by a duly authorized magistrate using established procedures.
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 1542.5 to the Penal Code, Relating to Search Warrants.
Author(s)
Mark Leno
Co-Authors
    Subjects
    • Search warrants: portable electronic devices
    Major Actions
    Introduced2/18/2011
    Referred to Committee
    Passed Senate Committee on Public Safety4/26/2011
    Passed Senate6/01/2011
    Passed Assembly Committee on Public Safety6/21/2011
    Passed Assembly8/22/2011
    Passed Senate9/01/2011
    Presented to the governor (enrolled)9/09/2011
    Vetoed by Governor10/09/2011
    Vetoed by Governor10/09/2011
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on Public SafetyDo pass, but re-refer to the Committee on Appropriations.4/26/2011This motion PASSED the Senate Committee on Public Safety
    6 voted YES 1 voted NO 0 voted present/not voting
    select this voteSenateSenate 3rd Reading SB914 Leno6/01/2011This bill PASSED the Senate
    28 voted YES 9 voted NO 3 voted present/not voting
    select this voteAssembly Committee on Public SafetyDo pass.6/21/2011This motion PASSED the Assembly Committee on Public Safety
    5 voted YES 0 voted NO 2 voted present/not voting
    currently selectedAssemblySB 914 Leno Senate Third Reading By KNIGHT8/22/2011This bill PASSED the Assembly
    70 voted YES 0 voted NO 10 voted present/not voting
    select this voteSenateUnfinished Business SB914 Leno Concurrence9/01/2011This bill PASSED the Senate
    32 voted YES 4 voted NO 4 voted present/not voting
    ActionDateDescription
    Introduced2/18/2011
    2/18/2011Introduced. Read first time. To Com. on RLS. for assignment. To print.
    2/20/2011From printer. May be acted upon on or after March 22.
    3/10/2011Referred to Com. on RLS.
    3/24/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
    3/31/2011Re-referred to Com. on PUB. S.
    4/06/2011Set for hearing April 26.
    select this voteVote4/26/2011Do pass, but re-refer to the Committee on Appropriations.
    4/26/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 742.) (April 26). Re-referred to Com. on APPR.
    4/29/2011Set for hearing May 9.
    5/05/2011Hearing postponed by committee.
    5/06/2011Set for hearing May 16.
    5/11/2011Set, first hearing. Hearing canceled at the request of author.
    5/13/2011Set for hearing May 23.
    5/16/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
    5/17/2011Withdrawn from committee. Ordered to second reading.
    5/18/2011Read second time. Ordered to third reading.
    6/01/2011Read third time. Passed. (Ayes 28. Noes 9. Page 1244.) Ordered to the Assembly.
    select this voteSenate Vote on Passage6/01/2011Senate 3rd Reading SB914 Leno
    6/02/2011In Assembly. Read first time. Held at Desk.
    6/09/2011Referred to Com. on PUB. S.
    select this voteVote6/21/2011Do pass.
    6/22/2011From committee: Do pass. (Ayes 5. Noes 0.) (June 21).
    6/23/2011Read second time. Ordered to third reading.
    7/01/2011Read third time and amended. (Page 2162.) Ordered to third reading.
    8/22/2011Read third time. Passed. (Ayes 70. Noes 0. Page 2503.) Ordered to the Senate.
    8/22/2011In Senate. Concurrence in Assembly amendments pending.
    currently selectedAssembly Vote on Passage8/22/2011SB 914 Leno Senate Third Reading By KNIGHT
    9/01/2011Assembly amendments concurred in. (Ayes 32. Noes 4. Page 2226.) Ordered to engrossing and enrolling.
    select this voteSenate Vote on Passage9/01/2011Unfinished Business SB914 Leno Concurrence
    9/09/2011Enrolled and presented to the Governor at 9:45 a.m.
    Vetoed10/09/2011Vetoed by the Governor.
    10/09/2011In Senate. Consideration of Governor's veto pending.
    3/01/2012Consideration of Governor's veto stricken from file. Veto sustained.

    Total contributions given to Assemblymembers from interest groups that…

    6 Organizations Supported and 3 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Section 1542.5 to the Penal Code, Relating to Search Warrants.: SB 914 Leno Senate Third Reading By KNIGHT

    6 organizations supported this bill

    American Civil Liberties Union
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.
    California Attorneys for Criminal Justice
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.
    California Newspaper Publishers Association
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.
    Californians Aware
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.
    Electronic Frontier Foundation
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.
    First Amendment Coalition
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.

    3 organizations opposed this bill

    Los Angeles County District Attorney's Office
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.
    Peace Officers Research Association of California
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.
    San Bernardino County Sheriff's Department
    Senate Rules Committee (2011, May 18). Senate Floor Analysis. Retrieved June 12, 2011, from Leg. Info.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$0$30,100
    Luis AlejoDCA-28$0$24,498
    Michael AllenDCA-7$0$66,500
    Tom AmmianoDCA-13$500$8,124
    Toni AtkinsDCA-76$1,500$25,700
    Jim BeallDCA-24$250$37,444
    Bill BerryhillRCA-26$0$11,900
    Marty BlockDCA-78$0$36,050
    Bob BlumenfieldDCA-40$2,500$28,100
    Susan BonillaDCA-11$0$26,240
    Steven BradfordDCA-51$0$15,000
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$1,000$24,200
    Betsy ButlerDCA-53$0$90,600
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$0$32,751
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$0$14,450
    Connie ConwayRCA-34$0$20,500
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$0$19,150
    Tim DonnellyRCA-59$0$1,000
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$500$26,534
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$0$8,000
    Cathleen GalgianiDCA-17$929$44,600
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$0$35,950
    Rich GordonDCA-21$0$24,650
    Jeff GorellRCA-37$0$31,200
    Shannon GroveRCA-32$0$1,500
    Curt HagmanRCA-60$0$25,500
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$1,500$37,500
    Diane HarkeyRCA-73$0$11,400
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$0$11,550
    Jerry HillDCA-19$1,500$35,460
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$0$16,500
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$0$2,000
    Steve KnightRCA-36$0$15,200
    Ricardo LaraDCA-50$1,000$24,900
    Dan LogueRCA-3$0$11,000
    Bonnie LowenthalDCA-54$0$18,400
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$0$0
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$0$15,200
    Holly MitchellDCA-47$0$17,956
    Bill MonningDCA-27$0$27,597
    Mike MorrellRCA-63$0$7,749
    Brian NestandeRCA-64$0$26,000
    Jim NielsenRCA-2$1,000$5,500
    Chris NorbyRCA-72$1,000$3,000
    Kristin OlsenRCA-25$0$12,150
    Richard PanDCA-5$0$33,321
    Henry PereaDCA-31$1,000$34,200
    John PerezDCA-46$0$79,300
    Manuel PerezDCA-80$0$30,200
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$0$27,705
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$0$27,953
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$0$1,500
    Bob WieckowskiDCA-20$0$37,600
    Das WilliamsDCA-35$0$45,450
    Mariko YamadaDCA-8$0$14,153

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$0$30,100
    Luis AlejoDCA-28$0$24,498
    Michael AllenDCA-7$0$66,500
    Tom AmmianoDCA-13$500$8,124
    Toni AtkinsDCA-76$1,500$25,700
    Jim BeallDCA-24$250$37,444
    Bill BerryhillRCA-26$0$11,900
    Marty BlockDCA-78$0$36,050
    Bob BlumenfieldDCA-40$2,500$28,100
    Susan BonillaDCA-11$0$26,240
    Steven BradfordDCA-51$0$15,000
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$1,000$24,200
    Betsy ButlerDCA-53$0$90,600
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$0$32,751
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$0$14,450
    Connie ConwayRCA-34$0$20,500
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$0$19,150
    Tim DonnellyRCA-59$0$1,000
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$500$26,534
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$0$8,000
    Cathleen GalgianiDCA-17$929$44,600
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$0$35,950
    Rich GordonDCA-21$0$24,650
    Jeff GorellRCA-37$0$31,200
    Shannon GroveRCA-32$0$1,500
    Curt HagmanRCA-60$0$25,500
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$1,500$37,500
    Diane HarkeyRCA-73$0$11,400
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$0$11,550
    Jerry HillDCA-19$1,500$35,460
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$0$16,500
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$0$2,000
    Steve KnightRCA-36$0$15,200
    Ricardo LaraDCA-50$1,000$24,900
    Dan LogueRCA-3$0$11,000
    Bonnie LowenthalDCA-54$0$18,400
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$0$0
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$0$15,200
    Holly MitchellDCA-47$0$17,956
    Bill MonningDCA-27$0$27,597
    Mike MorrellRCA-63$0$7,749
    Brian NestandeRCA-64$0$26,000
    Jim NielsenRCA-2$1,000$5,500
    Chris NorbyRCA-72$1,000$3,000
    Kristin OlsenRCA-25$0$12,150
    Richard PanDCA-5$0$33,321
    Henry PereaDCA-31$1,000$34,200
    John PerezDCA-46$0$79,300
    Manuel PerezDCA-80$0$30,200
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$0$27,705
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$0$27,953
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$0$1,500
    Bob WieckowskiDCA-20$0$37,600
    Das WilliamsDCA-35$0$45,450
    Mariko YamadaDCA-8$0$14,153

    Interest Groups that supported this bill

    $ Donated
    Book, newspaper & periodical publishing$12,000
    Democratic-based groups (but not official party committees) and generic liberal/progressive ones$2,179
    Consumer groups$0

    Interest Groups that opposed this bill

    $ Donated
    Police & fire fighters unions and associations$1,293,027
    Municipal & county government organizations$31,800
    Courts & justice system$15,858
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