New Hampshire Revised Statutes 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:
(a) The operator has the right to refuse to consent to a search;
(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;
(c) The operator cannot be charged with any crime or violation for refusing to consent to a search; and
(d) The operator cannot be further detained for refusing to consent to a search.
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.
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.
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.
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.
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.
(a) The operator has the right to refuse to consent to a search;
Terms Used In New Hampshire Revised Statutes 595-A:10
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(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;
(c) The operator cannot be charged with any crime or violation for refusing to consent to a search; and
(d) The operator cannot be further detained for refusing to consent to a search.
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.
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.
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.
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.
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.