relative to informed consent for law enforcement searches of houses or other property.

HB 1216 - AS INTRODUCED

2026 SESSION
26-2709
09/08

HOUSE BILL
1216

AN ACT
relative to informed consent for law enforcement searches of houses or other property.

SPONSORS: Rep. Scherr, Rock. 26; Rep. Roy, Rock. 31

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill expands the statute governing informed consent for warrantless searches of motor vehicles to include real property.

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Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2709
09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT
relative to informed consent for law enforcement searches of houses or other property.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Search Warrants; Informed Consent. Amend RSA 595-A:10 to read as follows:
595-A:10 Informed Consent Exception for
Real Property and
Motor Vehicles.
I. A law enforcement officer may legally conduct a search of a
person's home or any other real property, or a person's
motor vehicle
,
without a warrant [
under this chapter
] if the law enforcement officer expressly informs the [
operator of the motor vehicle
]
person
that:
(a) The [
operator
]
person
has the right to refuse to consent to a search;
(b) Any refusal to consent to a search shall not constitute a basis either for probable cause to arrest the [
operator
]
person
or reasonable suspicion to detain the [
operator
]
person
;
(c) The [
operator
]
person
cannot be charged with any crime or violation for refusing to consent to a search; and
(d) The [
operator
]
person
cannot be further detained for refusing to consent to a search.
II. If the [
operator of a motor vehicle
]
person
refuses to consent to a search, the law enforcement officer shall cease any further questioning concerning consent to a search.
III. A law enforcement officer shall document any consent to search either by the signature of the [
motor vehicle operator
]
person
on a consent-to-search form providing notice of the provisions of paragraphs I and II at the time of the consent, or by means of a video and sound recording of the consent at the time of the consent. Such form or video and sound recording shall be retained until any criminal charge resulting from the consent to search is fully resolved.
IV. Any act of a law enforcement officer which violates a provision of this section shall result in the inadmissibility in any criminal proceeding of any evidence [
of
] obtained by the law enforcement officer.
V. This section shall not preclude searches incident to arrest; searches allowed under the United States Constitution for officer safety; searches on any grounds, lands, or parking areas of any state or county correctional facility or transitional housing unit operated by the department of corrections; or inventory searches of lawfully-seized property, including but not limited to vehicles towed in conjunction with the arrest of the operator.
VI. Any person on prison grounds or in a department of corrections facility, regardless of whether such person is a resident, visitor, staff, or anyone identified in some other category, shall be subject to search without warning of their vehicle, possessions, and person pursuant to administrative rule Cor 306.

VII. As used in this section, "real property" means any buildings, structures, and equipment permanently attached or fixed to the land.

2 Effective Date. This act shall take effect January 1, 2027.