PP-10 Arrests

• This General Order defines the authority of officers, the mechanism for making arrests and making an arrest with or without a warrant.
• It is Salem Police policy for officers to exercise critical judgment in arrests, considering bystanders, time, place, offense location, and force level.
• All arrests are documented in an arrest report (AR) in IMC.

Definitions

• Arrest: Taking someone into custody to answer for a crime (N.H. RSA 594:1).
• Consular Officer/Consul: A foreign official authorized by the Department of State to aid their citizens in the US, distinct from attorneys and not authorized to practice law.
• Diplomat: A foreign official at their country's embassy in D.C., representing their country; they may perform consular duties and should be treated like a consular officer.
• Fresh Pursuit: Per RSA 614:9, it is law enforcement's pursuit of a person who has committed a crime, implying pursuit without unreasonable delay.
• Hot Pursuit: Immediate and continuous pursuit into a dwelling to arrest someone for a crime, not a violation.
• Probable Cause: Exists when an officer has enough knowledge and trustworthy information to believe the arrestee committed an offense per State v. Jaroma, 137 N.H. 562, 567 (1993).

General Procedures

• Arresting officers must have lawful authority and use it lawfully; only sworn law enforcement officers can exercise arrest powers.
• Arrested persons are afforded their constitutional and statutory rights, including reasonable bail; detention in a holding cell for arraignment if bail can be set is not allowed.
• An arrest must not be made to vent personal feelings or simply as a display of authority.
• Verbal abuse toward an officer is never sufficient justification for an arrest.
• An arrest must not be made as a substitute for failing to consider resolving a problem using less restrictive methods which may be more appropriate

Safety Considerations

• Every arrest has a potential element of danger, as there is no such thing as a "routine" arrest.
• A Risk Assessment (SPD Patrol Form-14) must be completed if an officer serves a warrant/makes an arrest under circumstances involving safety concerns, if time allows.
• If an incident just occurred, a high-risk/felony stop will not require a risk assessment.
• Unnecessary conversation should be avoided upon making an arrest, and all instructions should be clear, concise, and courteous.
• Force may be used only when there is resistance or a reasonable certainty of resistance and is reasonable, necessary, and proper under the circumstances.
• Measures to prevent prisoners from harming themselves/others, escaping, or disposing of evidence must be taken by the arresting officer.
• Officers must exercise excellent officer safety techniques with arrestees and shall never become lax or inattentive when dealing with a prisoner

Arrests Without a Warrant

• A lawful arrest without a warrant can be made whenever an officer has probable cause to believe that the person has committed a felony.
• A lawful warrantless arrest may be made when an officer has probable cause to believe that the person arrested has committed a misdemeanor or violation in the officer's presence.
• Lawful warrantless arrests may also be made when an officer has probable cause and one of the following conditions is met:
• Within the past 12 hours, the person to be arrested committed an act of domestic abuse, as defined by RSA 173-B:1, I, against a person eligible for protection under RSA 173-B:1.
• Within the past 12 hours, the person to be arrested committed an assault, criminal trespass, criminal mischief, or other criminal act in violation of a domestic violence restraining order or marital restraining order (the officer SHALL arrest in this instance).
• Within the past 12 hours, the person to be arrested violated the stalking statute, RSA 633:3-a.
• The person to be arrested committed a misdemeanor or violation, and the officer has probable cause to believe that if the person is not arrested immediately, the person will not be apprehended, will destroy or conceal evidence of the offense, or will cause further personal injury or damage to property.
• As provided by RSA 265-A:17, the person to be arrested was involved in a traffic accident, OHRV accident, or boating accident and the officer has probable cause to believe that such person has committed an offense under RSA 265-A:2 or 265-A:3, an element of which is driving under the influence of intoxicating liquors or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive, or both.
• As provided by RSA 627:8-a, when a merchant, or his agent, has detained a person on reasonable grounds the individual committed the offense of Willful Concealment under RSA 637:3-a. on his or her premises an officer may make an arrest if the merchant or his agent witnessed the offense or if the goods or merchandise were recovered from the person.
• As provided by RSA 594:11, a Judge of any Court in this State, may order a police officer to arrest a person, bring the person before him, and detain the offender until a complaint can be made against him. RSA 594:12 compels a police officer to make the arrest once commanded by the Judge and provides a penalty should the officer refuse the command.
• As provided by RSA 597:7-a, an officer may arrest an individual if he or she witnesses a person in breach of the conditions of their release on bail. The statute specifically states the person may be held without further bail in such an instance.
• RSA 594:14 was amended effective July 31, 2023, allowing officers to issue a summons instead of an arrest.
• A summons in lieu of an arrest shall not be issued for a Class A Misdemeanor, unless the officer has received permission from a supervisor and an unusual circumstance prevents the officer from making a custody arrest or obtaining a warrant.
• RSA 594:14 specifically prevents an officer from issuing a summons for any crimes committed under RSA 173-B Protections from Domestic Violence, protective orders issued under RSA 173-B or 458:16, and any violation RSA 633:3-a Stalking. This agency interprets this statutory language to include all statutes that have a domestic violence moniker (e.g., RSA 631:2-b Domestic Violence or any statute charged with DV option utilized in the Uniform Charge Table and a qualifying victim). In those cases, a defendant must be bailed or held for arraignment and cannot be released on a summons.
• Upon the issuance of any summons with a Must Appear court date, the officer must ensure the required statutory language is provided to the defendant; either through the form of the summons itself or provided handouts. For example, an officer issuing a Must Appear court date on an E-Ticket or MV Short Form complaint would be required to issue the summons language handout. Summonses must be issued “in hand” as required by the statute.
• Officers must be cognizant of the difference between summonsing a defendant in lieu of an arrest as allowed under RSA 594:10, Arrest Without a Warrant, and summonsing a defendant without a warrant exception, since an arrest cannot be made without a warrant exception. If a subject refuses to take a summons and there is no exception under RSA 594:10 to make the arrest, the officer must allow the subject to leave and pursue a warrant. Should an exception under RSA 594:10 exist, a custody arrest should be made if a person refuses to take a summons.
• Officers shall document the issuance of a summons in an IMC report and detail the type of summons issued and whether a summons handout was also issued. Officers should also document whether the summons was issued in lieu of a custodial arrest or under the authority of the statutory change in RSA 594:14.

Arrests With A Warrant

• An arrest with a warrant may be made at any time and in any place throughout the State.
• The officer may enter the home of the person for whom the warrant was issued in order to make the arrest without a search warrant.
• Officers must knock and announce their presence prior to making entry State v. Sconsa, 161N.H. 113, 117 (2010).
• Entry into a third party's home is barred unless:
• Consent by the resident is received to enter.
• A search warrant allowing a search for the suspect exists.
• Exigent circumstances preclude obtaining a warrant.
• If officers are in “Hot Pursuit" of a person they are seeking to make an arrest of, regardless of if there is an active arrest warrant or not, for a crime.
• Prior to serving any arrest warrant, the officer should ensure the warrant was issued by a judge or other competent authority.
• Electronic Bench Warrants confirmed active in the SPOTS terminal by a Dispatcher or officer satisfy this requirement.
• An out-of-state warrant with NCIC Hit and confirmed extradition shall also satisfy this requirement.
• Service of arrest warrants should be made promptly to prevent possible dismissal using the following methodology in executing warrants:
• The officer who applied for the arrest warrant will make sure the name and date of birth of the person is accurate and include in the warrant, unless in the limited case of a warrant on an as yet unidentified person (e.g., John Doe, DNA profile, etc.).
• Officers will take appropriate steps to ensure that the person being arrested is the person named in the warrant.
• All arrest warrants shall be reviewed and signed off by a Supervisor prior to being signed by a court official. Officers shall adhere to the procedures set forth in G.O. # IS-2 Case Management, Par. III, Sec. S – Arrest Warrants. For arrest warrants issued by this agency officers shall also adhere to the following protocols.
  • Before making the arrest, the warrant will be verified as still active through Dispatch.
  • The Supervisor and the officer shall ensure there are no outstanding notes in the warrant case management sheet (e.g., contact detective, interview suspect, bail conditions, etc.). It is good practice for officers to always seek to interview a person in custody on a department warrant following a valid waiver of rights. If the officer knows the arrestee has an attorney for the charges they are being arrested for, and the attorney asked that their client not be interviewed, then no interview should take place.
  • The Supervisor and officer shall ensure the warrant status in IMC is showing as 'Open.'
  • The warrant face sheet will be signed by the arresting officer and the officer will ensure the warrant was closed out in the IMC system.

Other Considerations

• Both officers and supervisors must be cognizant that an arrestee may be released instead of taking them before a district court if satisfied either that no ground for making criminal complaint exists or that such person has been arrested for Protective Custody (as defined under RSA 172) and no further proceedings are necessary.
• A Salem Police supervisor shall release the person arrested if he/she believes there are no grounds for making a criminal complaint against such person, and this action will be documented in the arrest report.
• The Prosecution Unit shall monitor appropriate court decisions as it applies to arrests and this policy, and any changes in court direction/decisions, or legislative changes, shall result in an immediate review and revision of this policy, which will be reviewed annually.
• Maine, Massachusetts, and Vermont have enacted statutes permitting New Hampshire police officers to enter those states and make an arrest when the officer is in fresh pursuit of a suspect whom they believe has committed a felony.
• Maine and Vermont allow New Hampshire officers to engage in fresh pursuit and arrest a person suspected of driving while intoxicated by drugs or alcohol. Any person arrested must be held by the host state pending a court hearing on extradition.
• This agreement is reciprocal, and it is the policy of the Salem Police Department to assist other agencies when conducting arrests as allowed above.

Diplomats and Consular Officials

• A Diplomat or Consular Official shall not be arrested. This does not allow officers to not use force to stop a crime or defend others.
• The person claiming immunity may be detained until their status is confirmed by the U.S. Department of State at (202) 647-1985, (571) 345-3146 or (866) 217-2089.
• Stopping an official and issuing a traffic citation is permissible, even if immunity bars action.
• If advised that the person is an official with credentials, the officer should exercise discretion and issue a citation or warning.
• No Diplomat or Consular Official shall be arrested for a motor vehicle violation.
• If an official is driving under the influence, safety should be considered. Options include:
• Taking the official to a local destination.
• Allowing the official to arrange transportation.
• Taking other non-enforcement action to safely conclude the situation.
• Any incident involving Diplomats or Consular Officials must be fully documented in a report (OF).
• The facts and identity should be listed, and the report forwarded to the United States Department of State.