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RSA 595-A:10 · Informed Consent Exception for Motor Vehicles

Title
LIX: PROCEEDINGS IN CRIMINAL CASES
Chapter
595-A · SEARCH WARRANTS
Status
current
Official source linked
Yes
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595-A:10 Informed Consent Exception for Motor Vehicles. –

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I.

A law enforcement officer may legally conduct a search of a motor vehicle without a warrant under this chapter if the law enforcement officer expressly informs the operator of the motor vehicle that:

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(a)

The operator has the right to refuse to consent to a search;

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(b)

Any refusal to consent to a search shall not constitute a basis either for probable cause to arrest the operator or reasonable suspicion to detain the operator;

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(c)

The operator cannot be charged with any crime or violation for refusing to consent to a search; and

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(d)

The operator cannot be further detained for refusing to consent to a search.

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II.

If the operator of a motor vehicle refuses to consent to a search, the law enforcement officer shall cease any further questioning concerning consent to a search.

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III.

A law enforcement officer shall document any consent to search either by the signature of the motor vehicle operator 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.

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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.

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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.

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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. Source. 2021, 196:1, eff. Oct. 9, 2021.

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Source note

Source. 2021, 196:1, eff. Oct. 9, 2021.

Source history

  • 2021, 196:1, eff. Oct. 9, 2021

Related materials

Bill relationships

  • 2026 HB1216 amend · effective 2027-01-01

    ment 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 mo

  • 2026 HB1436 reference

    umed to belong to its creator by rules of accession. IV. For purposes of article 19 of the New Hampshire constitution, the Fourth Amendment to the United States Constitution, and RSA 595-A, a digital document or record, whether stored locally on a device or in a cloud server subject to contractual protections against disclosure, shall be presumed the person's “papers” or “effects,” and is protected from u

  • 2026 HB1436-FN reference

    umed to belong to its creator by rules of accession. IV. For purposes of article 19 of the New Hampshire constitution, the Fourth Amendment to the United States Constitution, and RSA 595-A, a digital document or record, whether stored locally on a device or in a cloud server subject to contractual protections against disclosure, shall be presumed the person's “papers” or “effects,” and is protected from u

  • 2026 HB1642 reference · effective 2026-09-20

    fficer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. V. Notwithstanding RSA 595-A, upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender required by any order issued under this chapter, the court shall determine whether probable cause

  • 2026 HB1642-FN reference · effective 2026-09-20

    fficer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. V. Notwithstanding RSA 595-A, upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender required by any order issued under this chapter, the court shall determine whether probable cause

  • 2026 HB206 add · effective 2026-01-01

    Senate and House of Representatives in General Court convened: 1 Short Title. This act may be known and cited to as the "New Hampshire Private Lands Protection Act". 2 New Section; Warrantless Searches. Amend RSA 595-A by inserting after section 10 the following new section: 595-A:11 Warrantless Searches. I. For purposes of this section: (a) “Government agent” means any state or local law enforcement agent, or any other pers

  • 2026 HB206-FN amend · effective 2026-01-01

    General Court convened: 1 Short Title. This act may be known and cited to as the "New Hampshire Private Lands Protection Act". 2 New Section; Warrantless Searches. Amend RSA 595-A by inserting after section 10 the following new section: 595-A:11 Warrantless Searches. I. For purposes of this section: (a) “Government agent” means any state or local law enforcement agent, or any other person

  • 2026 SB555 reference · effective 2026-09-20

    fficer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. V. Notwithstanding RSA 595-A, upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender required by any order issued under this chapter, the court shall determine whether probable cause

  • 2026 SB555-FN reference · effective 2026-09-20

    fficer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. V. Notwithstanding RSA 595-A, upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender required by any order issued under this chapter, the court shall determine whether probable cause

  • 2025 HB162 amend

    sent 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 Exceptions Expanded. Amend RSA 595-A:10 to read as follows: 595-A:10 Informed Consent Exception for [Motor Vehicles] Searches of Houses and Other Property. I. A law enforcement officer may legally conduct a search of a person's home or any other pro