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RSA 644:21 · Searches of Portable Electronic Devices

Title
LXII: CRIMINAL CODE
Chapter
644 · BREACHES OF THE PEACE AND RELATED OFFENSES
Status
current
Official source linked
Yes
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644:21 Searches of Portable Electronic Devices. –

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I.

Definitions. In this section:

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(a)

"Government entity" means a federal, state, county, or local government agency, including but not limited to a law enforcement agency or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for, or on behalf of, a federal, state, county, or local government agency. "Government entity" shall not apply to a federal government agency to the extent that federal statute preempts state statute.

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(b)

"Information" includes any information concerning the substance or meaning or purported substance or meaning of a communication, including without limitation the name and address of the sender and receiver and the time, date, location, and duration of the communication.

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(c)

"Portable electronic device" means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications, including but not limited to cellular telephones.

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II.

No information contained in a portable electronic device shall be subject to search by a government entity, including a search incident to a lawful arrest or for inventory purposes, except pursuant to a warrant signed by a judge and based on probable cause, or pursuant to a legally-recognized exception to the warrant requirement. A portable electronic device searched pursuant to this paragraph shall be returned to its owner as expeditiously as possible.

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III.

Evidence obtained in violation of this section shall not be admissible in a criminal, civil, administrative, or other proceeding, except as proof of a violation of this section.

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IV.

A person injured by a government entity as a result of a violation of this section may file civil suit against the government entity. Source. 2014, 184:1, eff. July 1, 2014.

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Source note

Source. 2014, 184:1, eff. July 1, 2014.

Source history

  • 2014, 184:1, eff. July 1, 2014

Related materials

Bill relationships

  • 2026 HB1013 amend

    wherein the object is to capture a pig. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Contests Involving Pigs. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Contests Involving Pigs. In order to promote an educational, humane, and safe event for contestants, livestock, and viewers, and in consultation with l

  • 2026 HB1013-FN amend

    wherein the object is to capture a pig. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Contests Involving Pigs. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Contests Involving Pigs. In order to promote an educational, humane, and safe event for contestants, livestock, and viewers, and in consultation with l

  • 2026 HB293 amend · effective 2026-01-01

    son who disables a filter may be subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. I. The terms "device", "filter", "manu

  • 2026 HB293-FN amend · effective 2026-01-01

    subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. I. The terms "device", "filter", "manufactur

  • 2025 HB201 add

    Two Thousand Twenty Five AN ACT prohibiting the removal of claws from cats. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Removal of Claws from Cats. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Removal of Claws from Cats Prohibited. I. No person shall remove the claws of a cat by performing an onychectomy, partial or complete phalangec