TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

CHAPTER 594
ARRESTS IN CRIMINAL CASES

Arrest

Section 594:10

    594:10 Arrest Without a Warrant. –
I. An arrest by a peace officer without a warrant on a charge of a misdemeanor or a violation is lawful whenever:
(a) He has probable cause to believe that the person to be arrested has committed a misdemeanor or violation in his presence; or
(b) He 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) He 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, or will cause further personal injury or damage to property.
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.

Source. 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.