HB 1449


RE: House Bill 1449

July  2009 the New Hampshire Supreme Court rendered a very bad decision in Shawn Johnson.  Appears the NH Supreme Court is sensitive to Castle Doctrine and Curtilage within domicile to protect privacy.   Beyond curtilage the NH Supreme Court has stripped  people naked, from the wrath of government agents from warrantless searches in their protection of privacy on private property or private open land in [Johnson].     Very apparent the NH Supreme Court Justices cannot read, understand and apply  Article 2 and Article 19 of the State Constitution and/or the 4th. 5th.  And the 14th. Amendments of  Bill of Rights within the Constitution for the united States of America.  The Justices erred in Johnson.  I have filed HB 1449 through my Representative Edmond Gionet to legislatively correct this error by the NH Supreme Court.   There was confusion with Legislative Services in the text of my bill.  I’m not satisfy with the HB 1449 text.  I have amended HB 1449, that I will present to the Criminal Justice and Public Safety Committee, on Tuesday January 10, 2012 at 1:30.  In amending the bill I have included to protect people from warrantless searches on pubic property.   Do you feel people should be protected on public ways, parks, waterways etc.?   I am asking no more protection than what is already granted in our Constitutions.   Hope all people concern with their privacy and rights attend the hearing, Tuesday and support HB 1449.  There can be no exceptions to our Rights.

I have included amended version of House Bill 1449 for your convenience.

Thank  You

Harold Brown


AN ACT requiring a search warrant for searches of privately-owned property.
SPONSORS: Rep. Gionet, Graf 3
COMMITTEE: Criminal Justice and Public Safety
This bill requires a search warrant for searches of privately-owned property.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

In the Year of Our Lord Two Thousand Twelve
AN ACT requiring a search warrant for searches of privately-owned property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Warrant Requirement for Searches of Privately-Owned Property. Amend RSA 595-A by inserting after section 1 the following new section:
595-A:1-a Search Warrant Required. A search warrant shall be required for any search of person(s) on/and privately-owned property.  A search warrant shall be required for any search of person(s),personal property, while on public property.
2 Effective Date. This act shall take effect January 1, 2013.