New Hampshire § 594:10 Arrest Without a Warrant

New Hampshire Statutes

§ 594:10 — Arrest Without a Warrant

New Hampshire·Title LIX PROCEEDINGS IN CRIMINAL CASES·Ch. 594 ARRESTS IN CRIMINAL CASES·Subdivision Arrest

I. An arrest by a peace officer without a warrant on a charge of a misdemeanor or a violation is lawful whenever:

(a)The peace officer has probable cause to believe that the person to be arrested has committed a misdemeanor or violation in the peace officer's presence; or

(b)The peace officer has probable cause to believe that the person to be arrested has within the past 12 hours committed abuse as defined in RSA 173-B:1, I against a person eligible for protection from domestic violence as defined in RSA 173-B:1, has within the past 12 hours violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16 by committing assault, criminal trespass, criminal mischief or another criminal act, or has within the last 12 hours violated stalking provisions under RSA 633:3

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I. An arrest by a peace officer without a warrant on a charge of a misdemeanor or a violation is lawful whenever:
(a) The peace officer has probable cause to believe that the person to be arrested has committed a misdemeanor or violation in the peace officer's presence; or
(b) The peace officer has probable cause to believe that the person to be arrested has within the past 12 hours committed abuse as defined in RSA 173-B:1, I against a person eligible for protection from domestic violence as defined in RSA 173-B:1, has within the past 12 hours violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16 by committing assault, criminal trespass, criminal mischief or another criminal act, or has within the last 12 hours violated stalking provisions under RSA 633:3-a.
(c) The peace officer has probable cause to believe that the person to be arrested has committed a misdemeanor or violation, and, if not immediately arrested, such person will not be apprehended, will destroy or conceal evidence of the offense, will cause further personal injury or damage to property, or, while in the care of a medical professional on the premises of a residential care or health care facility as defined in RSA 151:2, through actual or threatened violence, interfere in the provision of health care services that a licensed medical professional has determined to be medically necessary.
II. An arrest by a peace officer without a warrant on a charge of felony is lawful whenever:
(a) A felony has actually been committed by the person arrested, regardless of the reasons which led the officer to make the arrest.
(b) The officer has reasonable ground to believe that the person arrested has committed a felony.

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Legislative History

1941, 163:6. RL 423:25. RSA 594:10. 1979, 377:4. 1981, 344:3. 1989, 297:19. 1990, 241:9. 1993, 173:3, eff. July 26, 1993. 2002, 79:4, eff. Jan. 1, 2003. 2023, 227:1, eff. Aug. 4, 2023.