Terms Used In New Hampshire Revised Statutes 595-B:3

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
If a justice, associate justice, or special justice is satisfied that probable cause for the inspection, testing or sampling exists, he shall issue the warrant particularly describing each place, dwelling, structure, premises, vehicle or record to be inspected, tested or sampled, designating on the warrant the purpose and limitations of the inspection, testing or sampling, including the limitations required by this chapter. The person issuing a warrant shall retain each affidavit submitted in support of any warrant and shall either make personal notes of the substance, or arrange for a transcript, of any oral statements made under oath supplementing the affidavit. The person issuing the search warrant shall then deliver the affidavit and the notes or transcript within 3 days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of a warrant, the accompanying affidavit and the notes or transcript shall be attached to and filed with the warrant by the clerk of the court to which the warrant is returned. Warrants shall be public documents upon their return unless otherwise ordered by a court of record.