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H 7433Criminal Procedure

Criminal Procedure - Search Warrants

Police are prohibited from placing recording devices on private property without a warrant or consent, or the evidence is inadmissible.

Held for study
Population
Affected
25
Introduced Jan 30, 2026Committee House Judiciary

Plain-English Summary

This legislation prohibits law enforcement officers from placing audio or video recording devices on an individual's private property to monitor activities without the owner's consent or a valid search warrant issued by a judge based on probable cause. The bill establishes that any evidence obtained through recordings that violate this rule will be inadmissible in both criminal and civil court proceedings against the property owner, tenants, or guests.

For younger readers

This bill creates a new rule for police officers. It says that police are not allowed to secretly put cameras or microphones on a person's private land or house to spy on them unless the person says it is okay, or a judge gives the police a special permission slip called a "warrant." A warrant is a legal paper that allows police to search for evidence. If the police break this rule and record people anyway, they are not allowed to use those recordings to get the person in trouble in court.

Who & Where It Applies

Impacted groups
Property OwnersTenantsLaw Enforcement OfficersJudgesCriminal Defendants
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Strengthens civil liberties by strictly limiting the ability of law enforcement to conduct warrantless surveillance, protecting citizens from intrusive state monitoring.
  • Protects vulnerable communities, who are often disproportionately targeted by police surveillance, by ensuring that a neutral magistrate must review probable cause before recording occurs.
  • Reinforces the integrity of the judicial system by ensuring that evidence obtained through illegal or unethical police tactics cannot be used in court.
  • May hinder investigations into corporate malfeasance or environmental crimes where evidence is hidden on large private estates and difficult to detect without surveillance.
  • Could potentially delay urgent investigations into dangerous activities, such as domestic terrorism or hate group training camps located on private property, due to the requirement for a warrant.
  • Might result in the dismissal of cases involving serious crimes if procedural errors occur regarding the warrant, potentially leaving communities less safe.
For Conservatives
  • Robustly protects private property rights by preventing government agents from trespassing to install surveillance equipment without permission.
  • Upholds the Fourth Amendment by reaffirming the necessity of a search warrant and probable cause before the government can search or seize information from citizens.
  • Limits the reach and power of the government, preventing the development of a surveillance state that infringes on personal privacy and freedom.
  • Restricts the tools available to law enforcement, potentially making it harder to catch criminals who use private property to manufacture drugs or conduct illegal operations.
  • Could allow guilty criminals to escape justice on technicalities if evidence clearly showing a crime is thrown out of court due to warrant issues.
  • Imposes additional bureaucratic hurdles on police officers who are trying to maintain law and order and protect the community.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions

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- 7-21, to place on the private property of another, any audio or video recording device(s) to capture, generate, preserve, transmit 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.