New Hampshire 2023 Regular Session

New Hampshire House Bill HB481

Introduced
1/11/23  
Refer
1/11/23  

Caption

Relative to arrest warrants and search warrants.

Impact

If enacted, HB 481 would amend existing laws to require detailed disclosures by law enforcement officers when applying for warrants. This includes requiring officers to report previous warrant requests related to the same parties or evidence. The potential impact on state laws involves both the procedural requirements for warrant applications and the introduction of fines for non-compliance, thereby promoting a more thorough review process and ultimately, safeguarding against arbitrary law enforcement actions.

Summary

House Bill 481 aims to enhance transparency and accountability in the issuance of arrest and search warrants. The bill mandates that law enforcement agencies disclose any prior evidence that was used to obtain a warrant and whether previous requests for a warrant based on the same evidence were denied. This mechanism is designed to bring judicial oversight to the warrant process and discourage 'judge shopping', wherein law enforcement might seek multiple judges until a favorable ruling is obtained.

Sentiment

The sentiment surrounding HB 481 appears to be mixed among various stakeholders. Supporters argue that the bill ensures greater judicial accountability and protects citizens' rights by preventing the misuse of warrant requests. Conversely, critics caution about the potential for increased bureaucracy among law enforcement agencies and the challenges in defining exculpatory evidence, as well as the implications of the proposed fine for non-compliance, which some believe could burden officers during their duties.

Contention

There are notable points of contention regarding how the bill might influence law enforcement operations. While it is designed to curb unjust practices that may infringe on individual rights, concerns have been raised about whether the enforcement of such requirements could hinder timely law enforcement actions. The financial implications also remain uncertain, as various assessments suggest while the mandates could introduce additional administrative costs, the actual frequency of the 'judge shopping' behavior being targeted by this legislation is debated. Stakeholders will need to evaluate the balance between oversight and operational efficiency.

Companion Bills

No companion bills found.

Previously Filed As

NH HB4825

Relating to the prohibition of warrantless searches and seizures.

NH HB2386

Relating to the prohibition of warrantless searches and seizures.

NH S1098

Protecting real property from warrantless searches

NH HB135

Relative to requisites for a criminal search warrant.

NH HB4575

Relating to warrantless entry of private lands

NH HB2617

Relating to warrantless entry of private lands

NH HB2574

Relating to warrantless entry of private lands

NH HB3245

The Protection of All Property from Warrantless Searches Act

NH HB3095

To create the "Protection of Property from Warrantless Searches Act”

NH SB580

Prohibiting warrantless entry on private lands

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