1 Search Warrants; Informed Consent Exceptions Expanded. Amend RSA 595-A:10 to read as follows:

595-A:10 Informed Consent Exception for Motor Vehicles .

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.

2 Effective Date. This act shall take effect January 1, 2026.

1 Search Warrants; Informed Consent Exceptions Expanded. Amend RSA 595-A:10 to read as follows:

595-A:10 Informed Consent Exception for Searches of Houses and Other Property .

I. A law enforcement officer may legally conduct a search of a person 's home or any other property, including a motor vehicle , without a warrant if the law enforcement officer expressly informs the person that:

(a) The person has the right to refuse to consent to a search; and

(b) The person 's exercise of that right cannot be used against him or her in court, as part of a criminal investigation, or as grounds for further detention.

II. If the person refuses to consent to a search, the law enforcement officer shall cease any further questioning concerning consent to a search unless a significant period of time has passed, or the subject is raised by the person. A significant period of time shall mean the person and the law enforcement agency involved have ceased to interact with one another and a new set of circumstances or facts have arisen that justify a new interaction .

III. A law enforcement officer shall document any consent to search either by the signature of the person 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 , unless it is determined otherwise admissible by the court under another exception such as inevitable discovery, or any other legal exception .

V. This section shall not preclude searches incident to arrest; searches justified by probable cause under exigent circumstances; 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.

2 Effective Date. This act shall take effect January 1, 2026.