| Would you believe that some police in NH are required to get a warrant for search and seizure while others are not? In the fish and game statutes, there is this provision. Section 206:26 206:26 Powers. – The executive director, if certified as a police officer in accordance with RSA 106-L:5, V, and each conservation officer, shall have the power: VI. To stop and to search without a warrant and to examine in the field, in the highway, at an airbase or on the stream, any person, or any boat, conveyance, aircraft, vehicle, gamebag, game coat, creel, crate, box, locker or other receptacle, in the presence of the owner if reasonably possible, or any so-called fish house or bob-house, in the presence of the occupant, for all wildlife, when there is reasonable and articulable suspicion to believe that any wildlife, or any illegal apparatus subject to forfeiture, is concealed thereon or therein; The popular show “North Woods Law” follows NH’s Fish and Game police and has been observed on numerous episodes instances where an individual’s 4th amendment protections against warrantless search and seizure are ignored if you happen to run afoul of a conservation officer while hunting or fishing in the “Kings forests, rivers, lakes and ponds”. House Bill 498 seeks to remedy the constitutional issues with current NH RSA by simply holding fish and game officers to same requirement to obtain warrant to search as all other police in the state of NH. For inexplicable reasons, the NH House Criminal Justice and Public Safety committee voted recently that its inexpedient to protect your 4th amendment rights if you happen to be traveling to/from or while hunting or fishing in the “Kings forests, rivers, lakes and ponds”. HB 498 Status This is a constitutional issue, the house will take this bill up in the next 24-48 hours, please call your representatives, urge that they put this bill to an up/down floor vote and demand that they not permit this bill to be tabled or sent to a study committee. How to contact your representative: House Members Please email them and ask them to overturn the committee recommendation and support the passage of this bill. |
For Liberty, JR Hoell, Secretary New Hampshire Firearms Coalition |
