So What is the Informed Consent Law and How Does it Affect You
The informed consent law is drawing public awareness with regard to its implementation. Various groups including Colorado Progressive Coalition said that there will be a requirement for better implementation of the said law. It has proposed that both law enforcement representatives and civilians should be educated on it. According to the group, it is not adequate that only law enforcers are acceptably knowledgeable. Civilians should be appropriately oriented on the new law particularly that they are the ones protected through it.
According to the law, a search will only be performed 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 ought to complete the requisite process. He or she ought to first clearly explain to the subject his or her constitutional rights under the law. Once the subject refuses, the officer could not go on with the planned search.
The bill known as HB 1201 was passed last year. Under the 4th Amendment, this law was passed to guard 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 2 fundamental features of implementation that have to be enhanced. This surfaced in the round-table 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 understanding and their constitutional rights. Having been well-informed, it is projected to close the gap between the police and the populace. The outcome would be lesser privacy violation by law enforcers. There would also be fewer cases of assault against persons in authority.
There are a number of ways of training programs available for law enforcement officers. The one being used at present is through training bulletins sent by means of emails to police officials. However, the group suggests of a superior method that would really instill “a society that respects the law”. These other media that would facilitate deeper understanding and positive reception of the law must be incorporated. One that would guarantee appropriate implementation of the law is video webcast training.
Public awareness is also critical. The ACLU has signified its available resources for providing know-your-rights classes. It would be training folks who are ready to study the new Colorado law as well as their constitutional rights as citizens. It also said that they would supply know-your-right cards to those who are involved in promoting the informed consent law.
