New Hampshire

(information last updated Fall 2017)

Ongoing Projects:

 

State Projects:

The New Hampshire Department of Environmental Services (DES) has been tasked with creating a volunteer water quality monitoring program.  See infra “Use of Information.”

 

Collection of Information:

 

Drone Law:

See infra “Drone Laws.”

 

Trespass Laws:

 

Criminal Liability for Trespass Despite Lack of Notice:

No. For entry upon property to constitute criminal trespass, the intruder must “know[] that he is not licensed or privileged to do so[.]”  N.H. Rev. Stat. Ann. § 635:2.

 

Other Provisions:

See infra “Drone Laws.”

 

Drone Laws:

Law:

“No person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping.  No person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping.  No person shall purposely engage in an activity that will tend to disturb wild animals, with intent to prevent their lawful taking.  No person shall use a drone or UAV with the intent to conduct video surveillance of private citizens who are lawfully hunting, fishing, or trapping without obtaining the written consent of the persons being surveilled prior to conducting the surveillance.”  N.H. Rev. Stat. Ann. § 207:57.

Stalking Laws:

Criminal Law:

“A person commits the offense of stalking if such person:

    (a)  Purposely, knowingly, or recklessly engages in a course of conduct targeted at a specific person which would cause a reasonable person to fear for his or her personal safety or the safety of a member of that person's immediate family, and the person is actually placed in such fear. . . .”  N.H. Rev. Stat. Ann. § 633:3-a.

Use of Information:

Although our research is incomplete, these provisions could be construed to allow the use of information collected by citizens:

Explicitly Allows:

“There is established within the department of environmental services the New Hampshire volunteer river assessment program to provide: I. Water quality and related environmental data to the state and federal governments to define water quality trends; II. Data for river protection, management, and restoration programs; III. Information to classify New Hampshire waters; and IV. Data for surface water assessment reports.”  N.H. Rev. Stat. Ann. § 487:38. In organizing the program, the DES shall “[p]rovide technical assistance . . . ; [e]ducate citizens about . . . the methods of sampling . . . ; [p]rovide the water quality data . . . to other state programs . . . the federal government . . . and municipalities . . . ; [p]rovide volunteer monitoring organizations with an annual monitoring report . . . ; and [l]end sampling equipment to volunteer monitoring organizations as needed.”  N.H. Rev. Stat. Ann. § 487:40. A similar program for monitoring the state’s lakes exists.  See N.H. Rev. Stat. Ann. § 487:31.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “there is a good ground to support” the claim.  N.H. Super. Ct. R. Civ. 7.

Authentication or Chain of Custody:

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  N.H. R. Evid. 901.

Expert Testimony:

Daubert standard.  See Baker Valley Lumber, Inc. v. Ingersoll-Rand Co., 813 A.2d 409, 415 (N.H. 2002).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.