New Hampshire Revised Statutes 627:8-a – Use of Force by Merchants
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I. A merchant, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of willful concealment, as defined by N.H. Rev. Stat. § 637:3-a, on his or her premises as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
II. A motion picture theater owner, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of unauthorized recording in a motion picture theater on his or her premises, as defined by N.H. Rev. Stat. § 644:19, as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
III. Notwithstanding N.H. Rev. Stat. § 594:10, a peace officer may arrest a person who has been detained pursuant to this section, without a warrant, if the peace officer has probable cause to believe that the person has committed the offense of willful concealment and if the merchant or his or her agent witnessed the offense or if the unlawfully obtained goods or merchandise of the store were recovered from the person.
II. A motion picture theater owner, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of unauthorized recording in a motion picture theater on his or her premises, as defined by N.H. Rev. Stat. § 644:19, as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
Terms Used In New Hampshire Revised Statutes 627:8-a
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
III. Notwithstanding N.H. Rev. Stat. § 594:10, a peace officer may arrest a person who has been detained pursuant to this section, without a warrant, if the peace officer has probable cause to believe that the person has committed the offense of willful concealment and if the merchant or his or her agent witnessed the offense or if the unlawfully obtained goods or merchandise of the store were recovered from the person.