Bill > HB1361

This bill modifies the procedure for creating an inventory when executing a search warrant, primarily changing who can be present during the inventory process. Specifically, the bill removes references to "the applicant for the warrant" and instead requires the inventory to be made in the presence of a law enforcement officer making the search and the person from whose premises the property was taken, if they are present. If those individuals are not present, the inventory must be made in the presence of at least one credible person who is not the law enforcement officer or the person from whose premises the property was taken. For electronically stored, remote, or off-site information submitted electronically, the bill allows the inventory to be made without a witness, provided the law enforcement officer attests to its accuracy. The bill maintains the requirement that the justice of a court of record will deliver copies of the inventory upon request and file the return, inventory, and related documents with the court clerk. The bill is set to take effect on January 1, 2027, and appears to be a procedural update requested by the department of safety to clarify and standardize search warrant inventory protocols.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=2293&inflect=2