§ 595-A:4 — Written Statement Under Oath in Support of Application for Warrant; Contents and Form

A person seeking a search warrant shall appear before a court or justice authorized to issue search warrants in criminal cases and shall give a written statement under oath in substantially the form hereinafter prescribed. Such written statement under oath shall contain facts, information, and circumstances upon which such person relies to establish probable cause for the issuance of the warrant and such written statement under oath may be supplemented by oral statements under oath for the establishment of probable cause. The person issuing the warrant shall retain the written statement under oath and shall make notes, personally, of the substance, or arrange for a transcript, of any oral statements under oath supplementing the written statement under oath. The person issuing the search warrant shall deliver the written statement under oath and the notes or transcript within 3 days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of said warrant, the written statement under oath and the notes or transcript shall be attached to it and shall be filed therewith, and they shall be a public document when the warrant is returned, unless otherwise ordered by a court of record.
The written statement under oath in support of the application for a search warrant shall be in substantially the following form:
The State of New Hampshire
(County), ss. (Name) Court.
.................. , 20 ......
I, (name of applicant) being duly sworn, depose and say:
1. I am (describe position, assignment, office, etc.).
2. I have information, based upon (describe source, facts indicating reliability of source and nature of information; if based on personal knowledge, so state).
3. Based upon the foregoing reliable information (and upon my personal knowledge) there is probable cause to believe that the property hereinafter described (has been stolen, etc.) and may be found (in the possession of A.B. or any other person) at premises (identify).
4. The property for which I seek the issuance of a search warrant is the following: (here describe the property as particularly as possible).
Wherefore, I request that the court issue a warrant and order of seizure, authorizing the search of (identify premises and the persons to be searched) and directing that if such property or evidence or any part thereof be found that it be seized and brought before the court; together with such other and further relief that the court may deem proper.
.................................................
Name
Return
I received the attached search warrant on .......... , 20 ..... , and have executed it as follows:
On .......... , 20 ...... , at .......... o'clock ... M, I searched (the person) (the premises) described in the warrant and I left a copy of the warrant with (name of person searched or owner) at (the place of search) together with a receipt for the items seized.
The following is an inventory of property taken pursuant to the warrant:
This inventory was made in the presence of .......... and ..........
I swear that this inventory is a true and detailed account of all the property taken by me on the warrant ....................
....................................
Name
Signed under penalty of perjury, the penalty for which may include a fine or imprisonment or both.

Legislative History

1969, 317:1, eff. Aug. 29, 1969. 2021, 196:2, eff. Oct. 9, 2021.