New Hampshire Revised Statutes 594:10 – Arrest Without a Warrant
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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 N.H. Rev. Stat. § 173-B:1, I against a person eligible for protection from domestic violence as defined in N.H. Rev. Stat. § 173-B:1, has within the past 12 hours violated a temporary or permanent protective order issued under N.H. Rev. Stat. Chapter 173-B or N.H. Rev. Stat. § 458:16 by committing assault, criminal trespass, criminal mischief or another criminal act, or has within the last 12 hours violated stalking provisions under N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 151:2, through actual or threatened violence, interfere in the provision of heath 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.
(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
Terms Used In New Hampshire Revised Statutes 594:10
- Arrest: Taking physical custody of a person by lawful authority.
- Arrest: is the taking of a person into custody in order that he may be forthcoming to answer for the commission of a crime. See New Hampshire Revised Statutes 594:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: is a ny crime that may be punished by death or imprisonment in the state prison. See New Hampshire Revised Statutes 594:1
- Officer: or "peace officer" is any sheriff or deputy sheriff, mayor or city marshal, constable, police officer or watchman, member of the national guard acting under orders while in active state service ordered by the governor under N. See New Hampshire Revised Statutes 594:1
- peace officer: is a ny sheriff or deputy sheriff, mayor or city marshal, constable, police officer or watchman, member of the national guard acting under orders while in active state service ordered by the governor under N. See New Hampshire Revised Statutes 594:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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 N.H. Rev. Stat. § 173-B:1, I against a person eligible for protection from domestic violence as defined in N.H. Rev. Stat. § 173-B:1, has within the past 12 hours violated a temporary or permanent protective order issued under N.H. Rev. Stat. Chapter 173-B or N.H. Rev. Stat. § 458:16 by committing assault, criminal trespass, criminal mischief or another criminal act, or has within the last 12 hours violated stalking provisions under N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 151:2, through actual or threatened violence, interfere in the provision of heath 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.