MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Constitution

By: Representative Dixon

House Concurrent Resolution 18

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 23, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A SEARCH WARRANT SHALL ONLY BE ISSUED FOR ACTUAL CAUSE OR PHYSICAL EVIDENCE INSTEAD OF PROBABLE CAUSE; 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 people shall be secure in their persons, houses, and possessions, from unreasonable seizure or search; and no warrant shall be issued without * * *probable actual cause * * *, or physical evidence supported by oath or affirmation, specially designating the place to be searched and the person or thing 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 2014, 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 provides that a search warrant shall only be issued for actual cause or physical evidence instead of probable cause."