New law signed by Sununu tightens up rules on motor vehicle searches

A new law prohibits police officers from searching a car without being given expressed consent by the operator. (Findlaw photo)

If you've ever watched the long-running docu-reality TV series "Cops" you've likely seen innumerable segments where police casually ask the operator of a pulled-over vehicle, "Mind if I take a look inside your car?"

In almost all instances, it seems the subject resignedly says "yeah sure" and officers find the drugs, pack them into a cruiser and cart them off to jail.

Well, it still may go down something like that, but not before police explain to the operator they don't have to allow the search and officers receive expressed consent, according to a bill signed by Gov. Chris Sununu on Tuesday.
One of the sponsors of SB 40, state Sen. Lou D'Allesandro, D-Manchester, said the law makes sure that the operator knows firsthand that he doesn't have to consent to a search if there is no search warrant.

"And just the fact that (the operator) refuses to allow the search cannot be the basis for probable cause," D'Allesandro said of the legislation, whose primary sponsor was state Sen. Harold French, R-Franklin.

The bill, which become law in 60 days, also adds that the operator cannot be charged with any crime or violation for refusing to consent to a search and their consent must be memorialized by either signing a consent form or videotaping of their verbal consent.

The bill also provides that:

The operator cannot be further detained solely for refusing to consent to a search.

If the operator of a motor vehicle refuses to consent to a search, the law enforcement officer shall cease any further questioning concerning consent to a search.

Rochester Police Capt. Jason Thomas said on Wednesday that Rochester Police already abide by such practices, obtaining signed or expressed consent for all searches of private property, whether it's a vehicle, bike or backpack.

"We go over pretty much everything in the statute," Thomas added. "We'll go over (SB40), and if we have anything that needs to be tweaked so if fully complies, we'll do it."

Thomas added that police have been aware of the need for expressed consent for some time.

"Any evidence gotten without a search warrant or expressed consent is always going to be suppressed by the court," he said.