2023 -- H 5511
========
LC001337
========
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS
Introduced By: Representative David J. Place
Date Introduced: February 10, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby 1
amended by adding thereto the following section: 2
12-5-11. Audio and video recording of private property prohibited. 3
(a) It shall be unlawful for any law enforcement officer or peace officer as defined in § 12-4
7-21, to place on the private property of another, any audio or video recording device(s) to capture, 5
generate, preserve, transmit or otherwise document the activities on that person’s property without 6
their consent or without a valid search warrant issued by a neutral and detached magistrate or judge 7
upon a finding of probable cause. 8
(b) Any audio or video evidence generated in violation of subsection (a) of this section 9
shall be inadmissible in any criminal or civil proceeding filed against the property owner and/or 10
their tenants or guests. 11
SECTION 2. This act shall take effect upon passage. 12
========
LC001337
========
LC001337 - Page 2 of 2
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS
***
This act would require law enforcement to obtain consent or a warrant before placing audio 1
or video recorders on the private property of another. A violation of this act would make any 2
evidence inadmissible in any court proceedings. 3
This act would take effect upon passage. 4
========
LC001337
========