Every police officer in New Hampshire may not act unless they have probable cause, that means, it is more probable than not that a crime was committed and the person or place to be searched committed the crime or contains evidence of a crime. But not Conservation Officers, they are allowed to take action based on the lower level of proof known as reasonable suspicion and in many cases they don’t even need a warrant. That’s right, Conservation Officers can act without probable cause or a warrant when local police officers and state troopers cannot! HB 282 will change this and force Conservation Officers to respect Constitutional rights. Whether or not HB 282 is enacted a Conservation Officer will still have unlimited authority to ask to see a hunting or fishing license. Furthermore, if a person is hunting in a shotgun only town, and obviously carrying a rifle, a Conservation Officer will still be able to stop that person and enforce the law with respect to methods of taking.
Col. Jordan is not being truthful when he claims he won’t be able to check for the legal length of a lobster when he views what may appear to be a short lobster from a distance. What he really wants is to be able to board every boat in New Hampshire, without probable cause and inspect their catch.
Part 1, Article 19 of the Bill of Rights of the New Hampshire Constitution says in part: ” Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right…” Click here to read the the New Hampshire Constitution and Bill of Rights.
A previous legislature enacted laws that have given Conservation Officers an exemption to the Constitution but HB 282 will right that wrong.
The House Criminal Justice and Public Safety Committee has scheduled an Executive Session to vote on HB 282 on Thursday, January 17, at 11AM and they need to hear from you right away.
The Committee needs to know that you support the bill.Click here to email all members of the Criminal Justice and Public Safety Committee and politely ask them to vote HB 282 “ought to pass”. Pre-written message to: HouseCriminalJusticeandPublicSafety@leg.state.nh.us Dear Representatives, The New Hampshire Fish and Game Department has turned into a rogue anti-Constitution, anti-freedom, state agency within state government. HB 282 will go a long way towards reforming this agency by no longer allowing warrantless searches and seizures for violation and misdemeanor offenses. Offenses that either carry no jail time or no more than one year in jail. To the contrary, state police major crime unit troopers, investigating homicides and sexual assaults are required to obtain a warrant issued by a judge. Please vote HB 282 “ought to pass”. If you prefer to make a phone call, click here for the Criminal Justice and Public Safety Committee’s webpage, then click on each members name for their individual contact information. Please remember to be polite but firm when you ask committee members to vote HB 282 “ought to pass”. It would also help to contact the prime sponsor Representative James Spillane and thank him for taking the initiative to bring Constitutional Government back to New Hampshire. James@JamesSpillane.org Please don’t wait, the committee will vote on HB 282 on Thursday, January 17 at 11AM! If any Representatives write back, please forward that to me: arice@nhfc-ontarget.org
Thanks for your continued support!
In Liberty,
President, NHFC, Inc.
