An Act Relating to Obtaining Search Warrants for Photographic Surveillance on Private Property

AS PASSED BY HOUSEH.66

1999Page 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.

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 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