Bill > HB1216

This bill expands the existing law governing informed consent for warrantless searches from motor vehicles to include real property, such as homes and other buildings permanently attached to land. Under the proposed legislation, law enforcement officers can conduct a search of a person's home or real property without a warrant only if they explicitly inform the property owner or occupant of four key rights: the right to refuse consent to a search, that refusal cannot be used as a basis for arrest or detention, that they cannot be charged with a crime for refusing consent, and that they cannot be further detained for refusing consent. If the person declines to consent, the officer must stop questioning about searching. Any consent must be documented either through a signed consent form or video and audio recording, which must be retained until any potential criminal charges are fully resolved. The bill also specifies that evidence obtained through a violation of these consent procedures would be inadmissible in criminal proceedings. Notably, the law contains exceptions for searches incident to arrest, officer safety, correctional facilities, and inventory searches of seized property. The new provisions will take effect on January 1, 2027.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1917&inflect=2