New Hampshire Revised Statutes 211:75 – Search and Seizure
Current as of: 2023 | Check for updates
|
Other versions
Any conservation officer shall have power:
I. To search without a warrant and examine any person or any boat, conveyance, vehicle, box, bag, locker, traps, crate or other receptacle or container for marine species, when the conservation officer has reasonable and articulable suspicion to believe that marine species taken contrary to the provisions of this chapter are concealed thereon or therein.
II. To secure and execute search warrants, based on probable cause, and in pursuance thereof to enter any building, enclosure, vehicle or car and to break open any apartment, chest, locker, box, trunk, crate, basket, bag, package or container and to examine the contents thereof.
III. To seize and take possession of any marine species which have been caught, taken or killed or had in possession or under control or which have been shipped or are about to be shipped at any time, in any manner, or for any purpose, contrary to the laws of this state.
IV. To raise, lift or in any way examine any pot, trap, car or other contrivance that is set for the taking or holding of marine species and to seize all pots, traps, cars or other contrivances and the contents thereof used in violation of any law or rule relating to marine species, and to hold the same until the fine and costs imposed for such violation have been paid in full. Provided, that in case such fine and costs are not paid within 60 days after imposition such pots, traps, cars or contrivances may be sold at public auction. Prior to such sale the department shall give notice to the owner, if known, by registered mail; otherwise a notice shall be published once in a newspaper of general circulation in the state, giving the time and place of such sale. If the owner shall appear and shall pay the fines and costs and shall reimburse said department for expenses incurred in connection therewith, the property shall be delivered to the owner; otherwise the same shall be sold and the proceeds of such sale shall be for the use of the department, unless otherwise authorized by the court exercising proper jurisdiction.
V. To board any boat which is on public waters under the jurisdiction of this state with or without a warrant, if the conservation officer has reasonable and articulable suspicion to believe that any provisions of the statutes, rules and regulations relating to the taking of marine species as defined in N.H. Rev. Stat. § 207:1 or 211:62 are being or have been violated thereon, for the purpose of enforcing such statutes, rules and regulations.
I. To search without a warrant and examine any person or any boat, conveyance, vehicle, box, bag, locker, traps, crate or other receptacle or container for marine species, when the conservation officer has reasonable and articulable suspicion to believe that marine species taken contrary to the provisions of this chapter are concealed thereon or therein.
Terms Used In New Hampshire Revised Statutes 211:75
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
- registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. To secure and execute search warrants, based on probable cause, and in pursuance thereof to enter any building, enclosure, vehicle or car and to break open any apartment, chest, locker, box, trunk, crate, basket, bag, package or container and to examine the contents thereof.
III. To seize and take possession of any marine species which have been caught, taken or killed or had in possession or under control or which have been shipped or are about to be shipped at any time, in any manner, or for any purpose, contrary to the laws of this state.
IV. To raise, lift or in any way examine any pot, trap, car or other contrivance that is set for the taking or holding of marine species and to seize all pots, traps, cars or other contrivances and the contents thereof used in violation of any law or rule relating to marine species, and to hold the same until the fine and costs imposed for such violation have been paid in full. Provided, that in case such fine and costs are not paid within 60 days after imposition such pots, traps, cars or contrivances may be sold at public auction. Prior to such sale the department shall give notice to the owner, if known, by registered mail; otherwise a notice shall be published once in a newspaper of general circulation in the state, giving the time and place of such sale. If the owner shall appear and shall pay the fines and costs and shall reimburse said department for expenses incurred in connection therewith, the property shall be delivered to the owner; otherwise the same shall be sold and the proceeds of such sale shall be for the use of the department, unless otherwise authorized by the court exercising proper jurisdiction.
V. To board any boat which is on public waters under the jurisdiction of this state with or without a warrant, if the conservation officer has reasonable and articulable suspicion to believe that any provisions of the statutes, rules and regulations relating to the taking of marine species as defined in N.H. Rev. Stat. § 207:1 or 211:62 are being or have been violated thereon, for the purpose of enforcing such statutes, rules and regulations.