N.H. Rev. Stat. § 644-A:3

Current through Chapter 381 of the 2024 Legislative Session

Section 644-A:3 - Exceptions to Warrant Requirement

A government entity may obtain the location information without a warrant:

I. To respond to a call for emergency services, including a request from an E-911 supervisor to an electronic communication service to determine the location of a cellular telephone when the supervisor informs the services that the information is required pursuant to an emergency involving actual or potential death, serious physical injury or major damage to property and the information is needed without delay. Such a request shall not create a cause of action against the E-911 system or employee or the electronic communication service or its employees;

II. With the informed consent of the owner or user of the electronic device concerned, except when the device is known or believed by the owner or user to be in the lawful possession of a third party known to the owner or user;

III. With the informed consent of the parent or foster parent of a minor who is the owner or user, or the legal guardian or next of kin of the owner or user, if the owner or user is believed to be deceased or reported missing and unable to be contacted;

IV. If the government entity reasonably believes that an emergency involving immediate danger of death or serious physical injury to a person requires the disclosure, without delay, of location information concerning a specific person and that a warrant cannot be obtained in time to prevent the identified danger, and the possessor of the location information, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires the disclosure without delay;

V. Pursuant to a legally-recognized exception to the warrant requirement;

VI. If the government entity is the owner of the electronic device and has issued it to an employee or it is attached to property owned by the government entity; or

VII. If an alcohol ignition interlock device has been installed in a motor vehicle in compliance with an order issued by a court or the commissioner of the department of safety.

RSA 644-A:3

Added by 2015, 262:1, eff. 7/1/2015.

2015, 262:1, eff. July 1, 2015.