Searches and Seizures Act
Latest action. Referred to Senate Committee on the Judiciary.
Searches and Seizures Act - States that a warrantless search of a person or his property incident to an arrest is prohibited, but that this provision shall not be construed: (1) to prohibit a warrantless search of the person of the arrestee or the area within his immediate control if the arresting officer has probable cause to believe that the search will produce evidence of the law violation with which the person has been charged, and if the arresting officer conducts a search limited in scope to an intrusion that is appropriate to the discovery of the evidence that is sought; or (2) to prohibit the arresting officer from conducting a search limited in scope to an intrusion that is appropriate to the discovery of any hidden weapons if he reasonably believes that the person arrested is armed and will endanger him as he is making the arrest. Provides that a warrantless search of a person or his property incident to any pretrial custody, detention, imprisonment, or other incarceration of that person which follows from his arrest is prohibited except that in such cases limited search for weapons is permissible.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on November 19, 1974. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on November 19, 1974: Referred to Senate Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 93rd Congress (1973-74), 651 of the 23,396 bills and joint resolutions introduced became law, about 2.8 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
WILLIAM HATHAWAY (D-ME) introduced it on November 19, 1974. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on November 19, 1974, 18923 days ago. The most recent recorded action was 18923 days ago, on November 19, 1974.
Measures do not carry over. Anything the 93rd Congress has not finished by January 3, 1975 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers