In Re Search Warrant for Records From AT & T
165 A.3d 711
| N.H. | 2017Background
- Ashland police sought a search warrant (Feb 2016) for AT&T cellular records stored in Florida in connection with a local criminal investigation.
- AT&T is a telecommunications provider with business operations and a registered agent in New Hampshire; its records custodian was located in Florida.
- The circuit court denied the warrant application, relying on language in State v. Mello and concluding it lacked authority to issue a warrant against a foreign corporation.
- The State sought reconsideration, arguing Mello’s language was dicta and that Florida law requires providers to treat out-of-state warrants as if issued by a Florida court.
- The circuit court again denied the application; the State appealed to the New Hampshire Supreme Court.
- The Supreme Court reviewed whether a New Hampshire circuit court may issue an extraterritorial search warrant for electronic communications records held in another state and reversed the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument (Amicus) | Held |
|---|---|---|---|
| Whether a NH circuit court may issue an extraterritorial search warrant for records held out of state | State: Circuit court would not exceed territorial jurisdiction; NH, federal (SCA), and Florida law allow such a warrant; Mello was dicta | Amicus: Court would exceed territorial jurisdiction absent an explicit NH statute authorizing extraterritorial warrants; RSA 490-F:2 limits authority | Court: Circuit court would not exceed territorial jurisdiction here; no statutory or constitutional bar to issuing the warrant (reversed) |
Key Cases Cited
- State v. Mello, 162 N.H. 115 (2011) (district-court warrant for out-of-state records discussed; language relied on below deemed dicta)
- Hemenway v. Hemenway, 159 N.H. 680 (2010) (describes territorial-jurisdiction concept)
- Computac, Inc. v. Dixie News Co., 124 N.H. 350 (1983) (long-arm/statutory scope construed coextensive with constitutional limits)
- State v. Rose, 330 P.3d 680 (Or. Ct. App. 2014) (discusses SCA and procedures for obtaining electronic communications)
- United States v. Orisakwe, [citation="624 F. App'x 149"] (5th Cir. 2015) (recognizes issuing-state warrants for providers storing data elsewhere without statutory territorial restriction)