Docstoc

Search Warrant Template - DOC

Document Sample
Search Warrant Template - DOC Powered By Docstoc
					AS PASSED BY HOUSE                                                          H.66
1999                                                                        Page 1


                                       H.66


   AN ACT RELATING TO OBTAINING SEARCH WARRANTS FOR
   PHOTOGRAPHIC SURVEILLANCE ON PRIVATE PROPERTY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. LEGISLATIVE INTENT.

   It is the intention of the general assembly to respond to the ruling of the

Vermont Supreme Court in the case of State v. Costin, No. 96-624 (1998), by

establishing a warrant requirement for the use of unattended surveillance

equipment on private property in order to enhance individual privacy rights. It

is further intended that traditional exceptions to the warrant requirement such

as exigent circumstances concerning destruction or removal of evidence and

the safety of law enforcement officers shall apply.

   It is not the intent of the general assembly to restrict the lawful use of

surveillance equipment installed in law enforcement vehicles or the lawful use

of surveillance equipment under the direct or immediate control of a law

enforcement officer who is present at the location of the surveillance

equipment. Rather, it is the intent of the general assembly to require a search

warrant if the surveillance equipment is to be left unattended by law

enforcement on private property.




                                                                       VT LEG 109989.1
AS PASSED BY HOUSE                                                         H.66
1999                                                                       Page 2


Sec. 2. 13 V.S.A. § 4704 is added to read:

§ 4704. SEARCH WARRANT; SURVEILLANCE ON PRIVATE

         PROPERTY

   (a) A search warrant shall be obtained pursuant to Rule 41 of the Vermont

Rules of Criminal Procedure prior to the placement upon any private property

of surveillance equipment which is not under direct or immediate operator

control. This requirement shall apply if:

      (1) the equipment is to be placed upon private property that is the

subject of the surveillance to record that property or activity on that property,

or both; or

      (2) the equipment is to be placed upon private property that is not the

subject of the surveillance to record another person’s private property or

activity on that property, or both.

   (b) A warrant shall be obtained regardless of whether the property is posted

against trespass or is located outside the curtilage of any dwelling on the

property.

   (c) A warrant shall not be required if the property owner or the owner’s

authorized agent has given written consent prior to the placement of the

surveillance equipment upon the property.

   (d) For the purpose of this section, surveillance equipment shall mean

video recorders, still cameras, audio recorders and any other equipment or


                                                                      VT LEG 109989.1
AS PASSED BY HOUSE                                                     H.66
1999                                                                   Page 3


technology used to obtain and preserve a visual image, an audio recording or a

visual image and audio recording.

  (e) For the purposes of this section, “operator” shall mean a law

enforcement officer who is conducting the surveillance.

Sec. 3. EFFECTIVE DATE

  This act shall take effect January 1, 2000.




                                                                  VT LEG 109989.1

				
DOCUMENT INFO
Description: Search Warrant Template document sample