MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Constitution

By: Representative McCoy

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 23, MISSISSIPPI CONSTITUTION OF 1890, TO REVISE THE LANGUAGE WHICH RELATES TO PROTECTING PERSONS AGAINST UNREASONABLE SEARCHES AND SEIZURES TO CONFORM IDENTICALLY WITH THE LANGUAGE IN AMENDMENT IV OF THE UNITED STATES CONSTITUTION; AND FOR RELATED PURPOSES. 

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 23, Mississippi Constitution of 1890, to read as follows:

"Section 23. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall * * * issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 1997, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment revises the language of Section 23 of the Mississippi Constitution of 1890, which relates to the protection of persons against unreasonable searches and seizures, to conform identically with the language in Amendment IV of the United States Constitution."