Being Arrested
RSA 594:10 — an arrest without a warrant, and an attorney at all reasonable times
Without a warrant, a peace officer may arrest for a misdemeanor or a violation when the officer has probable cause to believe the person committed it in the officer's presence.
Who handles this in New Hampshire: New Hampshire Public Defender and New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.
- Out of the officer's presence, the arrest is lawful on probable cause that, within the past 12 hours, the person committed domestic abuse, violated a protective order by a criminal act, or violated the stalking law.
- It is also lawful on probable cause of a misdemeanor or violation where, if not arrested at once, the person will not be caught, will destroy or hide evidence, or will cause further injury or damage.
- For a felony, an arrest without a warrant is lawful when the person arrested actually committed a felony, or the officer has reasonable ground to believe they did.
The officer in charge of a police station permits a prisoner to confer with their attorney at all reasonable times, and sets regular visiting hours for relatives and friends.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (5)
- RSA 594:10 — Arrest Without a Warrant
- RSA 594:16 — Conference With Friends or Counsel
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.