New Hampshire Revised Statutes 217-A:12 – Enforcement
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I. Any peace officer shall have the authority to enforce this chapter, and may:
(a) Conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, or plants taken, possessed, transported, sold, offered for sale, bartered, shipped, or otherwise used in connection with any violation of this chapter.
(b) Arrest any person, without a warrant, who the officer has probable cause to believe is violating this chapter or any rule adopted under this chapter.
(c) At the time of arrest of any person in connection with any violation, search the person, premises, or business records and seize any plants, records, or property taken or used in connection with any alleged violation.
II. Any warrant for the arrest of a person shall be issued upon sworn complaint as in other criminal cases, and any search warrant shall be issued only upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched and the persons or things to be seized.
III. Equipment, merchandise, plants, or records seized under paragraph I shall be held by any peace officer pending disposition of court proceedings, and thereafter shall be forfeited to the state for disposition as the department may deem appropriate. The department may direct the transfer of plants so seized to a qualified biological or to a botanical, educational, or scientific institution for identification, safekeeping, and preservation for court proceedings. Upon conviction of the person or persons from whom the seizure was made, the court shall assess the costs of transfer and safekeeping on the convicted person and shall declare all plant materials seized forfeited to this state. Such items shall be deposited in a herbarium approved by the department, or, if alive, shall be used for scientific, propagative, or educational purposes or returned to their wild habitat.
(a) Conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, or plants taken, possessed, transported, sold, offered for sale, bartered, shipped, or otherwise used in connection with any violation of this chapter.
Terms Used In New Hampshire Revised Statutes 217-A:12
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(b) Arrest any person, without a warrant, who the officer has probable cause to believe is violating this chapter or any rule adopted under this chapter.
(c) At the time of arrest of any person in connection with any violation, search the person, premises, or business records and seize any plants, records, or property taken or used in connection with any alleged violation.
II. Any warrant for the arrest of a person shall be issued upon sworn complaint as in other criminal cases, and any search warrant shall be issued only upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched and the persons or things to be seized.
III. Equipment, merchandise, plants, or records seized under paragraph I shall be held by any peace officer pending disposition of court proceedings, and thereafter shall be forfeited to the state for disposition as the department may deem appropriate. The department may direct the transfer of plants so seized to a qualified biological or to a botanical, educational, or scientific institution for identification, safekeeping, and preservation for court proceedings. Upon conviction of the person or persons from whom the seizure was made, the court shall assess the costs of transfer and safekeeping on the convicted person and shall declare all plant materials seized forfeited to this state. Such items shall be deposited in a herbarium approved by the department, or, if alive, shall be used for scientific, propagative, or educational purposes or returned to their wild habitat.