Chapter 614: Fresh Pursuit

Except as provided in RSA 614:1-a, any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him or her on the ground that he or she is believed to have committed a felony or to have driven a motor vehicle or operated a boat while under the influence of intoxicating liquor or a controlled drug in such other state, shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county, or municipal peace unit of this state to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or to have driven a motor vehicle or operated a boat in this state while under the influence of intoxicating liquor or a controlled drug.

The provisions of RSA 614 shall not authorize members of state, county or local peace units from other states to pursue persons driving or suspected of driving a motor vehicle or operating or suspected of operating a boat under the influence of intoxicating liquor or a controlled drug into New Hampshire unless the state of origin of such peace unit accords reciprocal authority to pursue such persons to members of duly authorized New Hampshire state, county or local peace units.

If an arrest is made in this state by an officer of another state in accordance with the provisions of RSA 614:1, he shall without unnecessary delay take the person arrested before any justice of the superior court or of the district court or the municipal court of any city who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If said justice determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit such person to bail pending the issuance of such warrant. If the said justice determines that the arrest was unlawful, he shall discharge the person arrested.

RSA 614:1 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

For the purpose hereof the word "state" shall include the District of Columbia.

The term "fresh pursuit" as used in this subdivision shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony or who is reasonably suspected of driving a motor vehicle or operating a boat while under the influence of intoxicating liquor or a controlled drug. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

If any part of this subdivision is for any reason declared void, it is declared to be the intent hereof that such invalidity shall not affect the validity of the remaining portions.

I. Any peace officer of this state or other person authorized to make arrests in a criminal case in this state in fresh pursuit of a person who is reasonably believed by such officer to have committed a felony in this state or who has committed or attempted to commit any criminal offense in this state in the presence of such officer, or for whom such officer holds a warrant of arrest for any offense, shall have the authority to arrest and hold in custody such person anywhere in this state.

II. Any peace officer of this state in fresh pursuit of a person who is reasonably believed by such officer to be driving under the influence of intoxicating liquor or controlled drugs, or has violated any motor vehicle statute in the presence of such officer, or for whom such officer holds a warrant of arrest for any offense, shall have the authority to arrest and hold in custody such person anywhere in this state.

If an arrest pursuant to RSA 614:7 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be admitted to bail, if the offense is bailable, by a magistrate or bail commissioner of either the jurisdiction where the offense was committed or where the prisoner was apprehended, by taking security by way of recognizance of the appearance of such prisoner before the court having jurisdiction of such criminal offense.

The term "fresh pursuit" as used in this subdivision shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or under RSA 614:7, II a person who is reasonably suspected of driving under the influence of intoxicating liquor or controlled drugs, or who has violated any motor vehicle statute, ordinance, or any other law in this state in the presence of the arresting officer referred to in RSA 614:7, or for whom such officer holds a warrant of arrest for any offense. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

RSA 614:7 shall not make unlawful an arrest which would otherwise be lawful.