The informed consent law has been into the news just recently. The way it is being implemented now has pushed some groups to suggest for better ways. The Colorado Progressive Coalition for example expressed its call for improved performance. One proposal it has laid down was to educate both law enforcers and civilians on the new law. Informing the police alone and not the civilians would not guarantee the full force of the law.
According to the law, a search can only be conducted after the consent of the subject. If he or she refuses, then no search could be done. To avoid from committing privacy violation, the law enforcer should complete the required process. He or she should first clearly explain to the subject his or her rights under the law. Once the subject refuses, the officer could not go on with the intended search.
The bill known as HB 1201 was passed last year. Under the 4th Amendment, this law was passed to protect individuals against unreasonable searches. Search under this law is considered unreasonable if there is no informed consent. The many incidents of police brutality prompted lawmakers to protect both law enforcers and civilians. It is hoped that this would instill in both the police’s and citizens’ respect of the law.
The law has two vital aspects of implementation that have to be improved. This surfaced in the roundtable event hosted by the Colorado Progressive Coalition. One aspect is the development and implementation of training programs for law enforcers. The other is raising the level of public or civilian awareness and their constitutional rights. Having been well-informed, it is expected to close the gap between the police and the people. The result would be lesser privacy violation by law enforcers. There would also be less cases of assault against persons in authority.
There are a number of ways of training programs available for police officers. The one being used at present is through training bulletins sent via emails to police officers. However, the group suggests of a better way that would really inculcate “a culture that respects the law”. These other media that would facilitate deeper understanding and positive reception of the law should be included. One that would ensure appropriate implementation of the law is video webcast training.
As a complement to police awareness, public knowledge is also important. Know-your-rights classes are already available through ACLU. Its function is to teach those who are willing to learn the new Colorado law as well as their rights as civilians. Citizens who are interested in promoting the informed consent law would be given know-your-rights cards.
Photo courtesy of:
No comments:
Post a Comment