Title LIX, Proceedings in Criminal Cases

Any justice of any court, upon view of a breach of the peace or other transgression of the law proper for his cognizance, or if necessary for the preservation of the peace, may command any officer or other person to arrest, bring before him, and detain the offender, until complai…

Every officer or person, upon receipt of a command pursuant to RSA 594:11, may arrest and detain the offender. If the officer or person shall not obey such command, he shall be subject to the same penalty as for disobeying an officer.

If a lawful cause of arrest exists, the arrest will be lawful even though the officer charged the wrong offense or gave a reason that did not justify the arrest.

I. In any case in which a peace officer has probable cause to believe that a person has committed a misdemeanor or violation, the officer may issue to the person in hand a written summons in lieu of arrest. This shall not apply if the peace officer has probable cause to believe t…

I. For the purposes of this section, an "arrest record" means a record created by law enforcement personnel to document the arrest of an individual 18 years of age or older. Arrest records are "governmental records" as defined in RSA 91-A and subject to disclosure in accordance w…

The officer in charge of a police station to which an arrested person is brought shall immediately secure from the prisoner, if possible, the name of the parent, nearest relative, friend or attorney with whom the prisoner may desire to consult, and shall immediately notify such r…

I. The officer in charge of a police station shall permit the prisoner to confer with his attorney at all reasonable times. II. Such officer shall establish regular visiting hours during which the prisoner shall be allowed to confer with relatives and friends.

A person who violates the requirements of this subdivision is guilty of a misdemeanor.

When a peace officer makes an arrest without a warrant, either he or his superior officer may release the person arrested instead of taking him before a district or municipal court if satisfied either that there is no ground for making a criminal complaint against such person or …

I. Every officer making an arrest or holding a person in custody under a warrant shall take the accused to the court as directed in the warrant without unreasonable delay. II. An officer arresting a person without a warrant shall without unreasonable delay take such person to the…

A peace officer may stop any person whom the officer has reason to suspect is committing, has committed, or is about to commit a crime. An officer may request the person's name and address, but the officer shall not arrest the person based solely on the person's refusal to provid…

I. When a person is arrested with or without a warrant, he or she may be committed to a county correctional facility, to a police station or other place provided for the detention of offenders, or otherwise detained in custody. The person shall be taken to appear before a circuit…

The request of the officer making the arrest shall be sufficient authority if accompanied by an arrest report, uniform report of crime form, or other substantiating documentation, for the superintendent of the county department of corrections, for the police station, or for any o…

I. In this section, "a certified border patrol agent" means a person who: (a) Is employed as a border patrol agent by the United States Department of Homeland Security, Customs and Border Protection; (b) Has satisfactorily completed a course of study in New Hampshire laws and cri…

A peace officer may search for a dangerous weapon any person whom he is questioning or about to question as provided in RSA 594:2 whenever he reasonably believes that he might be in danger if such person possessed a dangerous weapon. If the officer finds a weapon, he may take and…

I. No unnecessary or unreasonable force or means of restraint may be used in detaining or arresting any person. II. A peace officer is justified in using deadly force to effect an arrest as provided in RSA 627:5, II.

If a person has reasonable ground to believe that he is being arrested and that the arrest is being made by a peace officer, it is his duty to submit to arrest and refrain from using force or any weapon in resisting it, regardless of whether there is a legal basis for the arrest.

Every law enforcement officer who encounters a need for assistance in the execution of his office in a criminal case or emergency situation may require any person to render suitable aid. Any person who, when so required, neglects or refuses to give such aid shall be guilty of a v…

An officer to whom a warrant for the arrest of an offender may be addressed has power to make the arrest at any time and in any place, and shall have, in any county, the same powers in relation to the process as an officer of that county.

An officer, having made an arrest under a warrant to him directed, may, if convenient, convey the prisoner through any town or county, and, in respect to such prisoner, shall have the powers of an officer of such town or county.

An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in his possession at the time of the arrest, but, if the person arrested so requests, the warrant shall be shown to him as soon as practicable.