2021 -- H 5320

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LC000877

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS--AUDIO AND VIDEOS

OF PRIVATE PROPERTY--WARRANT REQUIRED

     Introduced By: Representatives Place, Quattrocchi, and Newberry

     Date Introduced: February 01, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby

amended by adding thereto the following section:

     12-5-11. Audio and video recording of private property prohibited.

     (a) It shall be unlawful for any law enforcement officer or peace officer as defined in § 12-

27-21, to place on or near the private property of another, any audio or video recording device(s)

to capture, generate, preserve or otherwise document the activities on that person’s property without

their consent or without a valid search warrant issued by a neutral and detached magistrate or judge

upon a finding of probable cause.

     (b) Any audio or video evidence generated in violation of subsection (a) of this section

shall be inadmissible in any criminal or civil proceeding filed against the property owner and/or

their tenants or guests.

     SECTION 2. This act shall take effect upon passage.

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LC000877

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS--AUDIO AND VIDEOS

OF PRIVATE PROPERTY--WARRANT REQUIRED

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     This act would require law enforcement to obtain consent or a warrant before placing audio

or video recorders on or near the private property of another. A violation of this act would make

any evidence inadmissible in any court proceedings.

     This act would take effect upon passage.

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LC000877

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