NH Art 31/32 Petition 2 Ban License Plate Readers/Data Collection
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This Petition is Sponsored by New Hampshire Legislators
Rep ________ , Rep John Hikel and Rep ________
We, the undersigned People of New Hampshire, come forth to Address and Instruct Our New Hampshire Legislature regarding the Unlawful Use of License Plate Readers (LPR's).
Authority To Be Heard
We request a hearing of Our Grievances from this General Court be scheduled according to the New Hampshire Constitution, Part 1, Article 31 which states, "The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require."
Authority To Petition
We bring Our Grievances to this General Court according to the New Hampshire Constitution, Part 1, Article 32 which states, "The People have a Right, in an orderly and peaceable manner, to Assemble and Consult upon the common good, give instructions to their representatives, and to Request of the Legislative Body, by way of Petition or Remonstrance, Redress of the wrongs done them, and of the Grievances they Suffer."
Regarding Part One, Article 19:
"Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued; but in cases and with the formalities, prescribed by law."
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The People on New Hampshire have the Right to their Privacy.
The People on New Hampshire have a Right "to be Secure ... against Unreasonable Searches and Seizures.
It is Completely Unreasonable to Randomly Search the Presumably Innocent People on New Hampshire Without Probable Cause or Reasonable Suspicion..!!!
Law Enforcement Agencies violate Our Constitutionally Protected Rights when they randomly use LPR's without Previously Obtaining a Signed Warrant based on an Oath or Affirmation which clearly describes the Specifics of the Search to be made.
These "Hot Lists" of License Plate Numbers that Law Enforcement Agencies randomly search the streets for are specifically prohibited by Article 19 of the New Hampshire Bill of Rights.
The ONLY lawful way to put a License Plate Number on a Hot List is with a Constitutional Warrant.
Obvious Exceptions are -- 1) Sexual Offenders because they are already being lawfully tracked as a condition of their release, and -- 2) Stolen Plates and Vehicles because these searches are for property already reported as stolen.
Under No Circumstances should any data be stored for any lenght of time.
Regarding Part One, Article 38:
New Hampshire Constitution, Part 1, Article 38 states in part "A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives, and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.
We now exercise Our Right to Require of Our Lawgivers and Magistrates, an Exact and Constant Observance of the Fundamental Principles of Our New Hampshire Constitution, in the Formation and Execution of the Laws regarding these Warrantless Searches using LPR equipment and for the Unlawful Retention of data collected by these devices.
We, the People of New Hampshire, for the reasons stated above and for other reasons to be brought forth in testimony, do herby submit to the General Court this Constitutionally Supported Petition asking for a hearing to be scheduled at the General Courts earliest convenience for the purpose of finding a peaceful resolution to these violations of Our Constitutionally Protected Rights.
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