This bill amends the existing statute on informed consent for warrantless searches to extend its provisions from motor vehicles to include real property, such as homes and other buildings. Specifically, it modifies RSA 595-A:10 to clarify that law enforcement officers may conduct searches of a person's home or any other real property without a warrant, provided they inform the individual of their rights regarding consent. The bill replaces references to "operator of the motor vehicle" with "person" to encompass all individuals involved, ensuring that the same rights apply regardless of whether the search pertains to a vehicle or real property.

Additionally, the bill outlines the requirements for law enforcement officers when seeking consent for a search, including the necessity to document consent through a signed form or video recording. It also stipulates that any evidence obtained in violation of these provisions would be inadmissible in criminal proceedings. The bill further clarifies that certain exceptions to the consent requirement remain in place, such as searches incident to arrest or those conducted for officer safety. The definition of "real property" is also included, specifying it as any buildings, structures, and equipment permanently attached to the land. The act is set to take effect on January 1, 2027.

Statutes affected:
Introduced: 595-A:10
HB1216 text: 595-A:10