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Resolution - Opposing AB 93

Riverside City Council
June 6, 2023

Document
Resolution - Opposing AB 93
Meeting
June 6, 2023
Body
Riverside City Council
Original file
46 KB
Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, OPPOSING PROPOSED CALIFORNIA ASSEMBLY BILL 93 WHICH, IF PASSED, WOULD PROHIBIT A PEACE OFFICER OR LAW ENFORCEMENT AGENCY FROM CONDUCTING A WARRANTLESS SEARCH BASED SOLELY ON A PERSON’S CONSENT.

WHEREAS, the City of Riverside, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, existing state law authorizes a peace officer or law enforcement agency to conduct a search without a warrant if they have the voluntary consent of the person; and WHEREAS, on January 9, 2023, Assemblyman Isaac Bryan (D-Los Angeles) introduced California Assembly Bill 93 which, if adopted, would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effect, based solely on a person’s consent, as specified in the bill; and WHEREAS, the City actively opposes California Assembly Bill 93 and believes it will eliminate every individual’s right to cooperate with law enforcement; and WHEREAS, the City contends that lawful, consensual searches are used by law enforcement to exonerate the innocent, ensure accountability for offenders, and protect victims or crime; and WHEREAS, prohibiting or restricting the use of consensual searches eliminates an individual’s right to cooperate with an investigation; and WHEREAS, specific to safety at school campuses, the inability to conduct consensual searches would prevent law enforcement from timely resolving active shooter or reports of on campus crime, weapons, or contraband.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, as follows:

Section 1: The City of Riverside firmly opposes California Assembly Bill 93 and considers the proposed legislation will make the community much less safe by ending constitutionally valid searches by an individual’s consent.

Section 2: The City contends that lawful, consensual searches are used by law enforcement to exonerate the innocent, ensure accountability for offenders, and protect victims or crime.

Section 3: The City of Riverside publicly voices said opposition to California Assembly Bill 93 and will work collaboratively with elected officials, and other like-minded organizations to advocate against the passage of California Assembly Bill 93.

ADOPTED by the City Council this ____ day of _______________, 2023. _________________________________

PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
__________________________

DONESIA GAUSE
City Clerk of the City of Riverside
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I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _____ day of ________________, 2023, by the following vote, to wit:

Ayes:

Noes:

Absent:

Abstain:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ______ day of _______________, 2023. _____________________________
Donesia Gause
City Clerk of the City of Riverside
FILENAME \p \\Rc-citylaw\cycom\WPDOCS\D025\P035\00721895.DOC [23-0725]
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