Opinion: Defending Effective Policing: The Case Against Restricting Consent Searches and Bill 2-24

February 23, 2024

Councilmember Jawando introduced Bill 2-24 to prohibit police from searching a vehicle when the driver specifically consents to the search.

Consent searches are an important tool for police to address serious crime. When police reduce discretionary enforcement, such as traffic stops, violent crime rises.

The Montgomery County Police Department’s policy regarding consent searches not only meets the constitutional requirements for voluntariness, but the officer is required to articulate the rationale for the search, advise the person they may refuse and, if consent is given, it must be recorded on the officer’s body-worn camera and a department approved consent form must be signed by the person.

Every police interaction is recorded on body-worn cameras and on in-car video. If a driver feels they were targeted or treated unprofessionally or discourteously, there are multiple sources of evidence to substantiate or refute the claim.

We now have a robust system to file complaints against police and multiple boards and commissions to hold police accountable. That was the purpose of reform. Let the system that the council has been establishing for the past three years do its job.

The downside to supporting bill 2-24 is that a criminal with an illegal gun in their car, which may be destined for you or me, will be free to leave with no questions asked.

There is no downside to rejecting the bill. It is another in a long line of attempts by Councilmember Jawando at de facto defunding of one of the best police departments in the country.

Provide input to county council:

You can click here to email all county council members at once or use this form to contact them on the official website about Bill 2-24 – the Freedom to Leave Act.

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