Bill > HB162

This bill expands existing informed consent laws for law enforcement searches to include houses and other property, not just motor vehicles. The bill requires law enforcement officers to explicitly inform individuals of their rights before conducting a search, including the right to refuse consent and that exercising this right cannot be used against them in court or as grounds for detention. If a person refuses consent, the officer must stop questioning about a search, with a provision allowing renewed questioning only after a "significant period of time" has passed and new circumstances have arisen. The bill mandates that consent must be documented either through a signed form or video and audio recording, which must be retained until any related criminal charges are resolved. If an officer violates these provisions, any evidence obtained may be inadmissible in criminal proceedings, with some exceptions. The bill preserves existing search exceptions such as searches incident to arrest, searches justified by probable cause under exigent circumstances, and officer safety searches. The law will take effect on January 1, 2026, and is expected to have a minimal fiscal impact of less than $10,000 annually.

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https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=0812&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=HB162