This bill amends the process for creating an inventory related to the execution of search warrants, as requested by the Department of Safety. The key changes include the requirement that the inventory of property taken under a search warrant must now be made in the presence of a law enforcement officer conducting the search and the individual from whom the property was taken, if they are present. If neither party is available, the inventory can be conducted in the presence of at least one credible witness other than the law enforcement officer or the individual from whom the property was taken. Additionally, for warrants concerning electronically stored, remote, or off-site information submitted electronically, the inventory can be completed without a witness, provided the law enforcement officer attests to its accuracy.

The bill also specifies that the justice of a court of record must deliver a copy of the inventory to both the individual from whom the property was taken and the applicant for the warrant upon request. Furthermore, it mandates that the justice attach a copy of the return, inventory, and all related documents to the warrant and file them with the court clerk. The effective date for this act is set for January 1, 2027.

Statutes affected:
Introduced: 595-A:5
SB411 text: 595-A:5