reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 592-B - Criminal Procedure in Superior Court › Section 592-B:9 - Drug Courts or Alternative Drug Offender Programs.

592-B:9 Drug Courts or Alternative Drug Offender Programs. –
I. (a) In any county that has implemented or which will implement the felonies first project established in this chapter within one year of commencing operation of a drug court or alternative drug offender program, the judicial branch shall fund and operate an approved drug court or alternative drug offender program separate from the statewide drug offender grant program established in RSA 490-G, and at no cost to the county.
(b) Before the judicial branch funds and operates a drug court or alternative drug offender program in any county under subparagraph (a), the county shall have first applied for a federal grant for the purpose of establishing a program. A county shall be required to apply for a federal grant only once. Any county that applied for a federal grant before the effective date of this section shall not be required to apply again. In the event the county is awarded a federal grant, or any other grant from a nonprofit organization, designed to fund a drug court or alternative drug offender program, the judicial branch shall fund and operate a drug court or alternative drug offender program only after the federal or other nonprofit grant has expired. If the county does not receive a federal or other nonprofit grant for which it applied, the drug court or alternative drug offender program shall commence operation.
(c) The cost of the drug court or alternative drug offender program shall not exceed $612,500 per judicial district in a large county, $375,000 in a medium county, and $250,000 in a small county, based on the number of court filings in each judicial district and subject to annual review by the chief justice of the superior court.
II. A county in which the judicial branch is funding and operating an approved drug court or alternative drug offender program separate from the statewide drug offender grant program established in RSA 490-G:4 shall not be eligible to receive funds under the statewide drug offender grant program.
Source.
2016, 264:3, eff. June 15, 2016. 2023, 79:500, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 593 - Fingerprinting and Measuring › Section 593:1 - Order of Court.

593:1 Order of Court. –
Any justice of the superior court may order that the likeness or photograph of any person accused or convicted of a crime be taken and used for the purposes of identification, or otherwise, whenever he shall deem it necessary or proper to do so, and the reasonable expenses thereof shall be paid by the county.
Source.
1883, 5:1. PS 248:16. PL 362:16. RL 421:16.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 593 - Fingerprinting and Measuring › Section 593:2 - Custodian of Prisoner.

593:2 Custodian of Prisoner. –
Any officer or keeper of a prison or other place of detention, having in custody any prisoner, suspicious person or lodger, may, if deemed advisable, measure and describe, or cause such person to be measured and described, in accordance with the system commonly known as the Bertillon method for identification, and in addition may take such photographs as are deemed necessary and also may take copies of the fingerprints of such person in accordance with the fingerprint system for identification.
Source.
1907, 24:1. PL 362:17. RL 421:17.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 593 - Fingerprinting and Measuring › Section 593:3 - Order of County Attorney.

593:3 Order of County Attorney. –
The county attorney may order an officer or keeper holding a person described in RSA 593:2 to make such measurements and description of any prisoner so held, and, when so ordered, the expense thereof shall be paid by the county.
Source.
1915, 113:1. PL 362:18. RL 421:18.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:1 - Definitions.

594:1 Definitions. –
As used in this chapter:
I. "Arrest" is the taking of a person into custody in order that he may be forthcoming to answer for the commission of a crime.
II. "Felony" is any crime that may be punished by death or imprisonment in the state prison. Other crimes are "misdemeanors."
III. "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 RSA 110-B:6, certified border patrol agent as defined in RSA 594:26, I, or other person authorized to make arrests in a criminal case.
Source.
GS 236:1. GL 254:1. PS 250:1. 1941, 163:1. PL 364:1. RL 423:1; 423:20. RSA 594:1. 1965, 98:1, eff. July 17, 1965. 2016, 278:9, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:1-a - Bailiffs and Court Security Officers.

594:1-a Bailiffs and Court Security Officers. –
I. Bailiffs and supreme court security officers responsible for court security shall have the powers of arrest provided in this chapter when performing their duties relating to court security.
II. The sheriff, through the sheriff's deputies and bailiffs, shall be responsible for court security and shall be responsible for the conduct and control of detained defendants and prisoners during the time period that such defendants and prisoners are in all state courts, except for the supreme court.
Source.
1985, 258:3. 1998, 297:5, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:2 - Questioning and Detaining Suspects.

594:2 Questioning and Detaining Suspects. –
A peace officer may stop any person whom the officer has reason to suspect is committing, has committed, or is about to commit a crime. An officer may request the person's name and address, but the officer shall not arrest the person based solely on the person's refusal to provide such information.
Source.
1941, 163:2. RL 423:21. RSA 594:2. 1985, 255:2, eff. Jan. 1, 1986. 2019, 171:1, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:3 - Searching for Weapons.

594:3 Searching for Weapons. –
A peace officer may search for a dangerous weapon any person whom he is questioning or about to question as provided in RSA 594:2 whenever he reasonably believes that he might be in danger if such person possessed a dangerous weapon. If the officer finds a weapon, he may take and keep it until the completion of the questioning, when he shall either return it or arrest the person.
Source.
1941, 163:3. RL 423:22.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:4 - Permissible Force.

594:4 Permissible Force. –
I. No unnecessary or unreasonable force or means of restraint may be used in detaining or arresting any person.
II. A peace officer is justified in using deadly force to effect an arrest as provided in RSA 627:5, II.
Source.
1941, 163:4. RL 423:23. RSA 594:4. 1981, 373:4, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:5 - Resisting Arrest.

594:5 Resisting Arrest. –
If a person has reasonable ground to believe that he is being arrested and that the arrest is being made by a peace officer, it is his duty to submit to arrest and refrain from using force or any weapon in resisting it, regardless of whether there is a legal basis for the arrest.
Source.
1941, 163:5. RL 423:24.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:6 - Aid to Officers.

594:6 Aid to Officers. –
Every law enforcement officer who encounters a need for assistance in the execution of his office in a criminal case or emergency situation may require any person to render suitable aid. Any person who, when so required, neglects or refuses to give such aid shall be guilty of a violation.
Source.
RS 178:12. CS 189:12. GS 236:2. GL 254:2. PS 250:2. PL 364:2. RL 423:2. RSA 594:6. 1994, 286:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:7 - Arrest on Warrant.

594:7 Arrest on Warrant. –
An officer to whom a warrant for the arrest of an offender may be addressed has power to make the arrest at any time and in any place, and shall have, in any county, the same powers in relation to the process as an officer of that county.
Source.
RS 222:16. CS 237:16. GS 236:9. GL 254:9. PS 250:9. PL 364:12. RL 423:12.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:8 - Conveying Prisoner.

594:8 Conveying Prisoner. –
An officer, having made an arrest under a warrant to him directed, may, if convenient, convey the prisoner through any town or county, and, in respect to such prisoner, shall have the powers of an officer of such town or county.
Source.
RS 222:19. CS 237:19. GS 236:11. GL 254:11. PS 250:11. PL 364:14. RL 423:14.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:9 - Arrest by Virtue of a Warrant Not in Officer's Possession.

594:9 Arrest by Virtue of a Warrant Not in Officer's Possession. –
An arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in his possession at the time of the arrest, but, if the person arrested so requests, the warrant shall be shown to him as soon as practicable.
Source.
1941, 163:8. RL 423:27.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:10 - Arrest Without a Warrant.

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) 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.
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. 2023, 227:1, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:10-a - Notice of Arrest.

594:10-a Notice of Arrest. –
A peace officer making an arrest on complaints for felony, misdemeanor, or violation charges arising from the same facts or circumstances shall within 24 hours, excluding weekends and holidays or before a plea is accepted or entered in court, give notice in writing of all charges pending to the county attorney. Failure to provide such notice shall not affect the validity of the arrest or the prosecution of any charges arising from the arrests.
Source.
1992, 75:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:11 - Judge's Order to Arrest.

594:11 Judge's Order to Arrest. –
Any justice of any court, upon view of a breach of the peace or other transgression of the law proper for his cognizance, or if necessary for the preservation of the peace, may command any officer or other person to arrest, bring before him, and detain the offender, until complaint can be made against him.
Source.
RS 222:8. CS 237:8. GS 236:7. GL 254:7. PS 250:7. PL 364:10. RL 423:10. RSA 594:11. 1985, 258:4, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:12 - Duty to Obey.

594:12 Duty to Obey. –
Every officer or person, upon receipt of a command pursuant to RSA 594:11, may arrest and detain the offender. If the officer or person shall not obey such command, he shall be subject to the same penalty as for disobeying an officer.
Source.
RS 222:8. CS 237:8. GS 236:8. GL 254:8. PS 250:8. PL 364:11. RL 423:11.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:13 - Arrest on Improper Grounds.

594:13 Arrest on Improper Grounds. –
If a lawful cause of arrest exists, the arrest will be lawful even though the officer charged the wrong offense or gave a reason that did not justify the arrest.
Source.
1941, 163:7. RL 423:26.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:14 - Summons Instead of Arrest.

594:14 Summons Instead of Arrest. –
I. In any case in which a peace officer has probable cause to believe that a person has committed a misdemeanor or violation, the officer may issue to the person in hand a written summons in lieu of arrest. This shall not apply if the peace officer has probable cause to believe that a person has committed abuse as defined under RSA 173-B:1, I, violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16, or violated stalking provisions under RSA 633:3-a. The summons shall be in substantially the following form:
The State of New Hampshire
To ....................
You are hereby notified to appear before the .......... circuit court of the State of New Hampshire, district division, to be holden in .......... on the ..... day of .......... 20 ... at ..... o'clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with .... in violation of the laws of the State of New Hampshire. If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible. The court will appoint an attorney to represent you if your application shows that you are eligible. If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.
Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.
Pending appearance as described herein, you shall remain of good behavior.
Dated at ...............
Name ....................
the ............... day of ..... 20 ..........
Title .........................
Upon failure to appear or to remain of good behavior, a warrant of arrest may issue. Any person who fails to appear in answer to such summons shall be guilty of a misdemeanor.
II. A summons may be issued after an arrest for a misdemeanor or violation in lieu of bail.
Source.
1941, 163:9. RL 423:28. RSA 594:14. 1965, 38:1. 1977, 588:11. 1983, 347:1, eff. Aug. 17, 1983. 2014, 194:1, eff. Sept. 9, 2014. 2019, 66:1, eff. Jan. 1, 2020. 2023, 54:1, eff. July 31, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:14-a - Arrest Records.

594:14-a Arrest Records. –
I. For the purposes of this section, an "arrest record" means a record created by law enforcement personnel to document the arrest of an individual 17 years of age or older. Arrest records are "governmental records" as defined in RSA 91-A and subject to disclosure in accordance with that chapter, with the exception noted in RSA 106-B:14.
II. Arrest records shall contain, at a minimum:
(a) The identity of the individual arrested;
(b) The identity of the arresting officer or officers unless the officer's supervisor has good cause to believe that identifying the officer would not serve the public interest;
(c) A statement as to reasons why and how the arrest was made;
(d) The alleged crime; and
(e) Whether the arrest was made pursuant to a warrant.
Source.
2012, 263:1, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:15 - Notice of Arrest.

594:15 Notice of Arrest. –
The officer in charge of a police station to which an arrested person is brought shall immediately secure from the prisoner, if possible, the name of the parent, nearest relative, friend or attorney with whom the prisoner may desire to consult, and shall immediately notify such relative, friend or attorney of the detention of the prisoner, when possible. Notice shall be given by telephone or messenger when practicable.
Source.
1917, 92:1. PL 364:7. RL 423:7.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:16 - Conference With Friends or Counsel.

594:16 Conference With Friends or Counsel. –
I. The officer in charge of a police station shall permit the prisoner to confer with his attorney at all reasonable times.
II. Such officer shall establish regular visiting hours during which the prisoner shall be allowed to confer with relatives and friends.
Source.
1917, 92:1. PL 364:8. RL 423:8. RSA 594:16. 1981, 563:1, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:17 - Penalty.

594:17 Penalty. –
A person who violates the requirements of this subdivision is guilty of a misdemeanor.
Source.
1917, 92:2. PL 364:9. RL 423:9. RSA 594:17. 1977, 588:18, eff. Sept. 16, 1977.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:18-a - Release of Persons Arrested Without Warrant.

594:18-a Release of Persons Arrested Without Warrant. –
When a peace officer makes an arrest without a warrant, either he or his superior officer may release the person arrested instead of taking him before a district or municipal court if satisfied either that there is no ground for making a criminal complaint against such person or that such person has been arrested for drunkenness and no further proceedings are necessary. A person released as above provided shall have no right to sue any peace officer on the ground that he was released without being brought before a court.
Source.
1965, 158:1, eff. Aug. 15, 1965.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:19-a - Detention of Person Arrested; With Warrant; Without Warrant.

594:19-a Detention of Person Arrested;  With Warrant;  Without Warrant. –
I. Every officer making an arrest or holding a person in custody under a warrant shall take the accused to the court as directed in the warrant without unreasonable delay.
II. An officer arresting a person without a warrant shall without unreasonable delay take such person to the court to answer a complaint for the offense.
Source.
1965, 158:1. 1998, 297:6, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:20-a - Place and Time of Detention.

594:20-a Place and Time of Detention. –
I. When a person is arrested with or without a warrant he or she may be committed to a county correctional facility, to a police station or other place provided for the detention of offenders, or otherwise detained in custody. The person shall be taken to appear before a circuit court, or a superior court in the case of felony complaints and misdemeanors and violation level charges that are directly related to those felonies, without unreasonable delay, to answer for the offense. All persons shall appear no later than 24 hours after arrest, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person's attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted.
II. Notwithstanding the provisions of paragraph I, defendants detained under RSA 173-B shall have timely access to a bail hearing by telephonic means or otherwise as determined by the circuit court or the superior court in the case of felony complaints and misdemeanors and violation level charges that are directly related to those felonies.
Source.
1965, 158:1. 1988, 89:22, eff. June 17, 1988. 2004, 119:1, eff. May 17, 2004. 2015, 249:14, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2019, 142:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:21-a - Authority of Superintendent.

594:21-a Authority of Superintendent. –
The request of the officer making the arrest shall be sufficient authority if accompanied by an arrest report, uniform report of crime form, or other substantiating documentation, for the superintendent of the county department of corrections, for the police station, or for any other officer or person, for keeping the person arrested in custody pursuant to RSA 594:20-a.
Source.
1965, 158:1. 1988, 89:23, eff. June 17, 1988.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:22, 594:23 - Repealed by 1965, 158:2, eff. Aug. 15, 1965.

594:22, 594:23 Repealed by 1965, 158:2, eff. Aug. 15, 1965. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:24, 594:25 - Repealed by 1977, 588:32, eff. Sept. 16, 1977.

594:24, 594:25 Repealed by 1977, 588:32, eff. Sept. 16, 1977. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 594 - Arrests in Criminal Cases › Section 594:26 - Power of Arrest for New Hampshire Crimes.

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.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:1 - Issuance of Search Warrants; Purposes.

595-A:1 Issuance of Search Warrants;  Purposes. –
A search warrant authorized by this chapter may be issued by any justice, associate justice or special justice of the municipal, district or superior courts to search for and seize any property which is:
I. Stolen, embezzled or fraudulently obtained;
II. Designed or intended for use or which is or has been used as the means of committing a criminal offense;
III. Contraband; or
IV. Evidence of the crime to which the probable cause upon which the search warrant is issued relates.
Source.
1969, 317:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:2 - Requisites of Warrant.

595-A:2 Requisites of Warrant. –
Search warrants shall designate or describe the person, building, vessel, or vehicle to be searched and shall particularly describe the property or articles to be searched for. They shall be substantially in the form prescribed in RSA 595-A:3 and shall be directed to a sheriff or his deputy or to a constable or police officer, commanding him to search in the daytime, or if the warrant so directs, in the nighttime, the person, building, vessel, or vehicle where the property or articles for which he is required to search are believed to be concealed, and to bring such property or articles when found, and the persons in whose possession they are found, before any circuit or superior court named therein.
Source.
1969, 317:1. 1971, 255:1, eff. Aug. 22, 1971. 2015, 249:7, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:3 - Form of Warrant.

595-A:3 Form of Warrant. –
The warrant shall be in substantially the following form:
The State of New Hampshire
(County), ss. (Name) Court.
To the Sheriffs of our several counties, or their deputies, any State Police Officer, or any Constable or Police Officer of any city or town, within our said State.
Proof by written statement under oath (supplemented by oral statements under oath) having been made this day before (name of person authorized to issue warrant) by (names of person or persons whose written statements under oath have been taken) that there is probable cause for believing that (certain property has been stolen, embezzled, or fraudulently obtained; certain property is intended for use or has been used as the means of committing a crime; contraband; evidence of the crime to which the probable cause upon which the search warrant is issued relates.)
We therefore command you in the daytime (or at any time of the day or night) to make an immediate search of (identify premises) (occupied by A.B.) and (of the person of A.B.) and of any person present who may be found to have such property in his possession or under his control or to whom such property may have been delivered, for the following property:
(description of property)
and if you find any such property or any part thereof to bring it and the persons in whose possession it is found before (name of court and location).
Dated at (city or town) this .......... day of .......... , 20 ......
Source.
1969, 317:1. 1971, 255:2, eff. Aug. 22, 1971. 2021, 196:2, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:4-a - Electronic Communication and Signature.

595-A:4-a Electronic Communication and Signature. –
The personal appearance and authorization for a search warrant under RSA 595-A:4 may be by means of telecommunication or electronic communication, and electronic signature pursuant to RSA 294-E.
Source.
2005, 76:3, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:5 - Receipt, Inventory, and Return.

595-A:5 Receipt, Inventory, and Return. –
The officer taking property under the warrant shall give to the person from whom, or from whose premises, the property was taken a copy of the warrant and a receipt for the property taken, or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one creditable person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer. The justice of a court of record shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. The justice of a court of record shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the court to which the warrant is returnable. The return shall be in substantially the following form:
Return
I received the attached search warrant on .......... , 20 ..... , and have executed it as follows:
On .......... , 20 ..... , at .......... o'clock ... M, I searched (the person) (the premises) described in the warrant and I left a copy of the warrant with (name of person searched or owner) at (the place of search) together with a receipt for the items seized.
The following is an inventory of property taken pursuant to the warrant:
This inventory was made in the presence of .......... and ..........
I swear that this inventory is a true and detailed account of all the property taken by me on the warrant
Subscribed and sworn to and returned before me this .......... day of .......... , 20 ..... .
Justice of the Court
Source.
1969, 317:1. 1971, 255:3, eff. Aug. 22, 1971.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:6 - Seizure, Custody and Disposition of Articles; Exceptions.

595-A:6 Seizure, Custody and Disposition of Articles;  Exceptions. –
If an officer in the execution of a search warrant, or by some other authorized method, finds property or articles he is empowered to take, he shall seize and safely keep them under the direction of the court or justice so long as necessary to permit them to be produced or used as evidence in any trial. Upon application by a prosecutor, defendant, or civil claimants, the court, prior to trial or upon an appeal after trial, shall, upon notice to a defendant and hearing, and except for good cause shown, order returned to the rightful owners any stolen, embezzled or fraudulently obtained property, or any other property of evidential value, not constituting contraband. This section shall apply regardless of how possession of the property was obtained by the state. Photographs or other identification or analysis made of the returned property shall be admissible at trial as secondary evidence, in lieu of the originals, for all relevant purposes, including ownership. In the case of unknown, unapprehended defendants, or defendants wilfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of such unknown or absent defendants. The judicial findings on such matters as ownership, identification, chain of possession or value made at such an evidentiary hearing for the restoration of property to the rightful owners shall thereafter be admissible at trial, to be considered with other evidence on the same issues, if any, as may be admitted before the finder of fact. All other property seized in execution of a search warrant or otherwise coming into the hands of the police shall be returned to the owner of the property, or shall be disposed of as the court or justice orders, which may include forfeiture and either sale or destruction as the public interest requires, in the discretion of the court or justice, and in accordance with due process of law. Any property, the forfeiture and disposition of which is specified in any general or special law, shall be disposed of in accordance therewith.
Source.
1969, 317:1. 1977, 320:1. 1981, 553:9. 1988, 88:3, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:7 - Time for Return of Warrant.

595-A:7 Time for Return of Warrant. –
Every officer to whom a warrant to search is issued shall return the same to the court to which it was made returnable as soon as it has been served, and in any event not later than 7 days from the date of issuance thereof, with a return of his actions thereon.
Source.
1969, 317:1. 1971, 255:4, eff. Aug. 22, 1971.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:8 - Assistants.

595-A:8 Assistants. –
An officer executing a search warrant may take with him suitable assistants and suffer no others to be with him.
Source.
1969, 317:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:9 - Scope and Definition.

595-A:9 Scope and Definition. –
This chapter does not modify any act inconsistent with it regulating search, seizure and the issuance and execution of search warrants in circumstances for which special provision is made. The term "property" is used in this chapter to denote everything which is the subject of ownership.
Source.
1969, 317:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-A - Search Warrants › Section 595-A:10 - Informed Consent Exception for Motor Vehicles.

595-A:10 Informed Consent Exception for Motor Vehicles. –
I. A law enforcement officer may legally conduct a search of a motor vehicle without a warrant under this chapter if the law enforcement officer expressly informs the operator of the motor vehicle that:
(a) The operator has the right to refuse to consent to a search;
(b) Any refusal to consent to a search shall not constitute a basis either for probable cause to arrest the operator or reasonable suspicion to detain the operator;
(c) The operator cannot be charged with any crime or violation for refusing to consent to a search; and
(d) The operator cannot be further detained for refusing to consent to a search.
II. If the operator of a motor vehicle refuses to consent to a search, the law enforcement officer shall cease any further questioning concerning consent to a search.
III. A law enforcement officer shall document any consent to search either by the signature of the motor vehicle operator on a consent-to-search form providing notice of the provisions of paragraphs I and II at the time of the consent, or by means of a video and sound recording of the consent at the time of the consent. Such form or video and sound recording shall be retained until any criminal charge resulting from the consent to search is fully resolved.
IV. Any act of a law enforcement officer which violates a provision of this section shall result in the inadmissibility in any criminal proceeding of any evidence of obtained by the law enforcement officer.
V. This section shall not preclude searches incident to arrest; searches allowed under the United States Constitution for officer safety; searches on any grounds, lands, or parking areas of any state or county correctional facility or transitional housing unit operated by the department of corrections; or inventory searches of lawfully-seized property, including but not limited to vehicles towed in conjunction with the arrest of the operator.
VI. Any person on prison grounds or in a department of corrections facility, regardless of whether such person is a resident, visitor, staff, or anyone identified in some other category, shall be subject to search without warning of their vehicle, possessions, and person pursuant to administrative rule Cor 306.
Source.
2021, 196:1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:1 - Definition.

595-B:1 Definition. –
An inspection warrant shall be a written order in the name of the state, signed by a justice, associate justice or special justice of any municipal, district or superior court, directed to an official or employee of a state agency, municipality, or other political subdivision, commanding him to conduct any inspection, testing or sampling required or specifically authorized by state law or administrative rule, or municipal ordinance, code or regulation.
Source.
1981, 533:1. 1987, 342:1. 1991, 231:7, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:1-a - Scope.

595-B:1-a Scope. –
The uniform procedures set forth in this chapter shall be applicable to all persons authorized by law to act in the name of the state to conduct any inspection, testing or sampling, and who do not have legal consent for such inspection, testing, or sampling, including but not limited to officials or employees of state agencies, municipal fire departments, building inspectors, or other code enforcement officials, health officers, members of local land use boards, and assessing officials.
Source.
1991, 231:8, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:2 - Requirements for Issue.

595-B:2 Requirements for Issue. –
I. An inspection warrant shall be issued only upon the request of an official or employee of a state agency, municipality, or other political subdivision and only upon a showing of probable cause supported by affidavit. The affidavit shall particularly describe the place, dwelling, structure, premises, vehicle or records to be inspected and the purpose for which the inspection is to be made. In addition, if testing or sampling is requested, the affidavit shall describe the time and manner of such testing or sampling. In all cases, the affidavit shall contain either a statement that the consent to inspect has been sought and refused, or facts or circumstances reasonably justifying the failure to seek such consent.
II. Probable cause, as required by paragraph I, shall be deemed to exist if either legislative or administrative standards for conducting a routine or area inspection, testing or sampling are satisfied with respect to the particular place, dwelling, structure, premises, vehicle or records, or there is probable cause to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, vehicle or records.
III. Before issuing an inspection warrant, a justice, associate justice, or special justice may examine the applicant and any other witness under oath, and shall satisfy himself of the existence of grounds for granting such application.
Source.
1981, 533:1. 1987, 342:2. 1991, 231:9, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:3 - Issue; Contents.

595-B:3 Issue;  Contents. –
If a justice, associate justice, or special justice is satisfied that probable cause for the inspection, testing or sampling exists, he shall issue the warrant particularly describing each place, dwelling, structure, premises, vehicle or record to be inspected, tested or sampled, designating on the warrant the purpose and limitations of the inspection, testing or sampling, including the limitations required by this chapter. The person issuing a warrant shall retain each affidavit submitted in support of any warrant and shall either make personal notes of the substance, or arrange for a transcript, of any oral statements made under oath supplementing the affidavit. The person issuing the search warrant shall then deliver the affidavit and the notes or transcript within 3 days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of a warrant, the accompanying affidavit and the notes or transcript shall be attached to and filed with the warrant by the clerk of the court to which the warrant is returned. Warrants shall be public documents upon their return unless otherwise ordered by a court of record.
Source.
1981, 533:1, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:4 - Duration.

595-B:4 Duration. –
An inspection warrant shall be returned to the court to which it is made returnable as soon as it has been executed, and in any event not later than 7 days from the date of its issuance, unless extended or renewed by the justice, associate justice, or special justice who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. An inspection warrant shall be executed and returned to the person by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, shall be void.
Source.
1981, 533:1, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:5 - Conduct of Inspection; Notice.

595-B:5 Conduct of Inspection;  Notice. –
An inspection, testing or sampling pursuant to a warrant issued under this chapter shall not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, unless specifically authorized by the person issuing such warrant upon a showing that such authority is reasonably necessary to effectuate the purpose of the law, rule, code, ordinance, or regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the person issuing such warrant may expressly authorize a forcible entry when facts are shown sufficient to suggest a probable violation of a state law or rule, or municipal ordinance, code, or regulation, which, if such violation existed, would present an immediate threat to public health or safety, or when facts are shown which establish that reasonable attempts to serve a previous warrant have been unsuccessful. Notwithstanding any law to the contrary, an official or employee of a state agency, municipality, or other political subdivision executing an inspection warrant may be accompanied by suitable assistants, including a sheriff or his deputy, any state police officer, or any constable or police officer of any city or town.
Source.
1981, 533:1. 1987, 342:3. 1991, 231:10, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:6 - Receipt for Samples; Inventory and Return.

595-B:6 Receipt for Samples;  Inventory and Return. –
An official or employee of a state agency, municipality, or other political subdivision executing an inspection warrant shall give a copy of the warrant to the person owning or occupying the particular place, dwelling, structure, premises, vehicle or records which are the subject of the warrant, or in the absence of such person, the official or employee shall leave a copy of the warrant at the place, dwelling, structure, premises or vehicle where the inspection is made. In addition, if an official or employee of a state agency, municipality, or other political subdivision takes samples under an inspection warrant, he shall give to the person from whom, or from whose premises, the samples were taken a receipt for the samples taken, or shall leave the receipt at the place from which the samples were taken. The return shall be made promptly and shall be accompanied by a written inventory of any samples taken. The justice of a court of record shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with a clerk of the court to which the warrant is returnable.
Source.
1981, 533:1. 1987, 342:4. 1991, 231:11, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:7 - Evidence.

595-B:7 Evidence. –
Failure to obtain an inspection warrant or to execute such a warrant in accordance with this chapter or the terms of the warrant shall not be cause for the exclusion of evidence derived from or obtained pursuant to any inspection, testing, or sampling, in any civil or criminal proceeding, if the receipt of such evidence is otherwise permitted by law.
Source.
1981, 533:1, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 595-B - Administrative Inspection Warrants › Section 595-B:8 - Refusal to Permit Authorized Inspection.

595-B:8 Refusal to Permit Authorized Inspection. –
Any person who knowingly refuses to permit an inspection, testing or sampling lawfully authorized by a warrant issued pursuant to this chapter shall be guilty of a misdemeanor.
Source.
1981, 533:1, eff. Aug. 29, 1981.