PROCEEDINGS IN CRIMINAL CASES
ARRESTS IN CRIMINAL CASES
Certified Border Patrol Agents
594:26 Power of Arrest for New Hampshire Crimes.
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 criminal procedures approved by the police standards and training council, at the expense of the agent' agency;
(c) Has been certified by the director of police standards and training pursuant to paragraph II and whose certification has not expired or been suspended or revoked; and
(d) Has taken an oath administered by the commissioner of safety or by the commissioner's designee to uphold the constitution of the state of New Hampshire.
II. The director of police standards and training may certify a border patrol agent who applies for certification if the agent satisfies the employment and study requirements listed in paragraph I. Border patrol agents certified under this section shall be exempt from regular physical fitness examinations required of state or municipal law enforcement officers. A certification under this paragraph shall automatically terminate immediately upon the agent's suspension or termination of employment from the federal agency in which he or she was employed at the time the certification occurred.
III. A certified border patrol agent may make an arrest pursuant to New Hampshire law for violation of New Hampshire laws in Coos county if the agent determines that it is necessary to do any of the following:
(a) Protect an individual in the presence of the agent from the imminent infliction of serious bodily injury, as defined in RSA 625:11, VI; or
(b) Provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury, as defined in RSA 625:11, VI; or
(c) Prevent the escape of any individual whom the agent has probable cause to believe has committed a crime in the presence of the agent; or
(d) Prevent the escape of any individual whom the agent has probable cause to believe has committed a felony under New Hampshire law.
IV. A certified border patrol agent who makes an arrest under this section shall report the arrest, without delay, to the division of state police.
V. A certified border patrol agent who makes an arrest under the authority of this section shall have the same immunity from liability that a state or municipal law enforcement officer has under the laws of this state.
VI. The state of New Hampshire shall not be responsible for employment benefits, supervision, and defense of the certified border patrol agent, including when exercising authority under this section. This section is not intended to limit existing authority of federal officers under federal law or to interfere with the performance of federal duties by federal officers.
Source. 2016, 278:10, eff. Jan. 1, 2017.