This bill amends the informed consent law to extend its application from solely motor vehicles to include searches of houses and other property. Specifically, it modifies the language in RSA 595-A:10, replacing references to "motor vehicles" with "houses and other property." The bill stipulates that law enforcement officers must inform individuals of their right to refuse consent to a search and clarifies that exercising this right cannot be used against them in court or as grounds for further detention. Additionally, it introduces a requirement for law enforcement to document consent through a signed form or video recording, which must be retained until any related criminal charges are resolved.
Furthermore, the bill outlines that if a person refuses consent, law enforcement must cease questioning unless new circumstances arise that justify further interaction. It also establishes that any evidence obtained in violation of these provisions will be inadmissible in court unless deemed otherwise admissible under specific exceptions. The bill maintains that certain types of searches, such as those incident to arrest or justified by exigent circumstances, are not affected by these new provisions. The act is set to take effect on January 1, 2026, and is projected to have a minimal fiscal impact of less than $10,000 annually from 2025 to 2028.
Statutes affected: Introduced: 595-A:10