In Re Search Warrant for Records From AT & T
In Re Search Warrant for Records From AT & T
Opinion
The State appeals an order of the Circuit Court ( Rappa , J.) denying an application for a search warrant. The trial court ruled that it lacked the authority to issue the search warrant because the application sought records held by AT&T, a foreign corporation. We reverse.
I. Factual Background
The following facts are gleaned from the record before us and are not materially disputed by the parties. The State represents that AT&T is a telecommunications company that provides, among other things, mobile telephone services to the public, that AT&T has business operations and a registered agent in New Hampshire, and that the company's custodian of records is located in Florida.
In February 2016, an Ashland police officer applied for a search warrant for certain cellular telephone records at an AT&T facility in Florida. The State sought these records in connection with a criminal investigation being conducted by the Ashland Police Department. Citing our decision in
State v. Mello
,
The State thereafter filed a memorandum of law, resubmitting the warrant application and seeking reconsideration of the circuit court's order. In its memorandum, the State argued that "[u]nder Florida law, [AT&T] is required to treat an out-of-state subpoena or warrant as if it were issued by a Florida Court." It also argued, among other things, that our decision in Mello "d [id] not preclude the issuance of the warrant." (Bolding omitted.)
The circuit court denied the State's renewed application, again relying upon our decision in Mello . Although it recognized that the language from Mello it relied upon was dicta, it ruled that it was "[n]evertheless ... obligated to follow directives from the Supreme Court." This appeal followed, presenting the question whether the circuit court has the authority to issue a search warrant authorizing the search and seizure of certain records held out of state.
II. Analysis
Before addressing the substance of the parties' claims, we provide, for context, a brief overview of territorial jurisdiction and the circuit court's role within our judicial system. "[T]erritorial jurisdiction describes the concept that only when an offense is committed within the boundaries of the court's jurisdictional geographic territory may the case be tried in that state."
Hemenway v. Hemenway
,
Our circuit court is a statutory court of limited subject matter jurisdiction. RSA 490-F:1, :3 (Supp. 2016) ;
State v. Laux
,
We now turn to the parties' arguments. The State contends that the circuit court would not have exceeded its territorial jurisdiction by issuing the search warrant under the circumstances of this case. It maintains that, although no New Hampshire statute expressly grants the circuit court the authority to issue extraterritorial search warrants, New Hampshire, Federal, and Florida law "work together to provide the [circuit] court with that authority." It further contends that the circuit court's reliance upon Mello was misplaced, asserting, among other things, that the language the circuit court relied upon was dicta.
In opposition, the New Hampshire Appellate Defender Program, as amicus curiae , argues that the circuit court would have exceeded its territorial jurisdiction by issuing the search warrant. It maintains that a court can validly issue a warrant authorizing a search in another state only if: (1) the issuing court's home state has a law allowing the issuance of such warrants; and (2) the state where the property is located has "a law permitting searches on the authority of out-of-state warrants." It concedes that the second of these requirements has been met, but contends that the first requirement has not. It argues not only that no New Hampshire law expressly authorizes the circuit court to issue extraterritorial search warrants, but also that *714 RSA 490-F:2 unambiguously prohibits the circuit court from doing so.
Consideration of the parties' arguments requires that we engage in statutory interpretation. The interpretation of a statute is a question of law, which we review
de
novo
.
Bank of N.Y. Mellon v. Dowgiert
,
We first address the significance of our decision in
Mello
. The defendant in
Mello
challenged the denial of his motion to suppress evidence, arguing that the district court lacked the authority to issue a search warrant authorizing a search for information held in New Jersey.
Mello
,
Having determined that Mello is not controlling, we now address, as a matter of first impression, the issue of whether the circuit court would have exceeded the scope of its territorial jurisdiction by issuing an extraterritorial search warrant-specifically, a warrant authorizing the search and seizure of an electronic communication service provider's records in Florida. Because the issuance of extraterritorial search warrants is not expressly prohibited by the legislature, and because the amicus has not identified any constitutional limitations applicable to these facts, we hold that the circuit court would not have exceeded its territorial jurisdiction by issuing the search warrant at issue here. Our decision today is not a broad pronouncement that the circuit court may lawfully issue extraterritorial search warrants. Rather, our holding is limited to the facts of this case, and to the issue of whether the circuit court would have exceeded its territorial jurisdiction.
We first note that the Secured Communications Act (SCA),
see
The SCA was enacted as part of the Electronic Communications Privacy Act of 1986, with the dual purpose of protecting the privacy of users of electronic communications by criminalizing the unauthorized access of the contents and transactional records of stored wire and electronic communications, while providing an avenue for law enforcement entities *715 to compel a provider of electronic communication services to disclose the contents and records of electronic communications.
State v. Rose
,
New Hampshire's search warrant statute, RSA 595-A:1 (2001), does not expressly limit the circuit court's authority to issue search warrants based upon the location of the property or article sought. The statute provides, in pertinent part, that "[a] search warrant ... may be issued by any justice, associate justice or special justice of the ... [circuit] or superior courts."
Id
.;
see
RSA 490-F:18. By its plain language, RSA 595-A:1 demonstrates that the circuit court has the authority to issue search warrants. Further, as the
amicus
appears to recognize, the statute contains no language placing a territorial limit on this authority.
See
RSA 595-A:1 ; RSA 490-F:18 ;
cf
. Mass. Gen. Laws Ann. ch. 276 § 1 (West 2014) (authorizing courts to issue search warrants for property "concealed ... anywhere within the commonwealth and territorial waters thereof"). We, therefore, conclude that the legislature intended to grant the circuit court authority to issue extraterritorial search warrants to the extent constitutionally permissible.
Cf
.
Computac, Inc. v. Dixie News Co.
,
We find no constitutional limitation to the circuit court's authority in this case. In its brief, the
amicus
appears to argue that the issuance of extraterritorial search warrants runs afoul of principles of state sovereignty.
See
Overby v. Gordon
,
We are not persuaded that RSA 490-F:2 limits the circuit court's authority to issue search warrants. RSA 490-F:2 provides:
The circuit court shall be a court of record with statewide jurisdiction . Each circuit court location shall have the authority to hear all cases within the subject matter jurisdiction of the circuit court. Subject to part 1, article 17 of the New Hampshire constitution, nothing in this chapter shall prohibit the reassignment of cases within the circuit court as justice or efficiency requires in the discretion of the administrative judge of the circuit court.
RSA 490-F:2 (emphasis added). The
amicus
argues that the emphasized language limits the circuit court's territorial jurisdiction and, consequently, places a territorial limitation on its authority to issue search warrants. We disagree. To the extent that the phrase "with statewide jurisdiction" can be read as a territorial limitation, the remaining language of RSA 490-F:2 demonstrates that any such limitation relates to, in the criminal context, the circuit court's territorial jurisdiction
over the offense
.
Id
. (discussing "authority to hear ... cases" and the "reassignment of cases"). Although related, the issue of a court's territorial jurisdiction over an offense and the issue of a court's authority to issue extraterritorial search warrants are separate issues.
See
Wagner v. State
,
Accordingly, we conclude that there is no statutory or constitutional barrier to the issuance of the search warrant here. To the extent the
amicus
argues that extraterritorial search warrants may issue only if the authority is
expressly
granted by the issuing state's statute, we disagree. It cites no authority supporting this view, and relevant authority supports the contrary position.
See
United States v. Orisakwe
,
For the foregoing reasons, we conclude that the trial court erred in ruling that it lacked the authority to issue the search warrant for records held by AT&T in Florida.
Reversed .
DALIANIS, C.J., and CONBOY, LYNN, and BASSETT, JJ., concurred.
Reference
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