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Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search)

LAW ENFORCEMENT MANUAL

2020 EDITION

Department of Justice

Gordon J. MacDonald

Attorney General

November 2020

https://www.doj.nh.gov/criminal/documents/law-enforcement-manual.pdf

Criminal Offenses For Which One-Party Interceptions May Be Authorized

I. THE DUTY OF PEACE OFFICERS

The start of every law enforcement officer’s career coincides with making and

subscribing to the oath of office, through which every police officer promises to bear faith

and true allegiance to the constitutions of the United States and the State of New

Hampshire.1 That promise includes agreeing to comply with all the rules and regulations

set forth in both constitutions.2 An officer who willfully violates that oath, who willfully

breaks that promise, shall be dismissed from office.3 This Law Enforcement Manual is

designed, in part, to help officers keep that promise. The rules of criminal procedure as set

forth under the United States and New Hampshire constitutions should never be looked at

as obstacles in your path to success. They should be looked at as the path to success.4

The term “police officer” includes all police officers, regular, special, and auxiliary,

as well as constables.5 The duties of police officers are those of conservators of the peace.6

As such, police officers have the authority, and in some circumstances, the obligation, to

act expeditiously to protect the public.7 Protecting the public includes not only detecting

and investigating criminal offenses, but also providing various types of assistance to the

citizenry. This Manual focuses on the investigation and enforcement of criminal laws in

New Hampshire.

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VII. REQUESTS FOR AUTHORIZATION OF “ONE-PARTY”

INTERCEPTS UNDER RSA 570-A:2

Corrupt practices (RSA chapter 640)

Hindering apprehension or prosecution (RSA 642:3)

Tampering with witnesses and informants (RSA 641:5)

Conspiracy to commit any of the listed offenses.

Authorization for a one-party interception cannot be granted in connection with the

investigation of an attempt to commit any of the listed crimes or in connection with being

an accomplice to any of the listed crimes.

4. The Application Process In Detail – work cops don’t want to do.

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2. Felonies

A law enforcement officer is authorized to make a warrantless arrest for a felony

whenever a felony has actually been committed by the person arrested, regardless of the

reasons that led the officer to make the arrest, or the officer has probable cause to believe

that the person has committed a felony.845

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VIII. REQUESTS FOR TELECOMMUNICATION AND INTERNET

RECORDS UNDER RSA 7:6-b

A. Introduction

Pursuant to RSA 7:6-b the Attorney General has authority to require

communications common carriers to furnish certain information maintained by such

carriers upon a finding of “reasonable grounds for belief that the service furnished to [the

targeted] person or [targeted] location by such communications common carrier has been,

is being, or may be used for an unlawful purpose

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XIV. REPORT WRITING

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C. The New Hampshire Civil Rights Act

Augmenting the criminal hate-crime sentence enhancement is the New Hampshire

Civil Rights Act.748 The Civil Rights Act recognizes that “[a]ll persons have the right to

engage in lawful activities and to exercise and enjoy the rights secured by the United States

and New Hampshire Constitutions and the laws of the United States and New

Hampshire.”749 It prohibits interference with those rights through threatened or actual

physical force, property damage, or trespass when the “actual or threatened conduct is

motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, gender

identity, or disability.

2. Supporting Victims Of Hate-Motivated Incidents

Victims of hate-motivated acts, like victims of crime generally, are in high-stress

situations and, in the context of a hate-motivated incident, that stress may be compounded

by fear that the perpetrator or other like-minded individuals may commit further criminal

acts against the victim’s community. A responding officer must be supportive, unbiased,

empathetic, and transparent when interacting with the victim or members of the victim’s

community.

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C. The Rights of Crime Victims Statute

For the purposes of the Crime Victim Bill of Rights, “crime” includes:

 All felonies;

honor the rights

guaranteed by RSA 21-M:k-8.

2. Protections Afforded By Rights of Crime Victims Statute

From the outset, the Crime Victim Bill of Rights confers substantial protections

upon crime victims. Throughout the criminal justice process, crime victims are entitled,

first and foremost, to the right to be:

 To be consulted about the disposition of the case;868

 To have inconveniences associated with participation in the criminal

justice process minimized;869

 To be informed about available resources, financial assistance and social

services;870

 Of confidentiality of the victim’s address, place of employment, and other

personal information;871

 To the prompt return of property when no longer needed as evidence;872

and

 To all federal and state constitutional rights guaranteed to all crime

victims on an equal basis.

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conversation that occurs between the victim and the crisis center advocate is privileged

under RSA chapter 173-C, and it is imperative that none of that conversation is recorded

so that the privilege is not compromised.

If during the course of the LAP screen, the victim shares information that the officer

may want to investigate further, the officer may turn the recording device back on, but only

after the conversation between the victim and the crisis center advocate has concluded and

the victim has given consent to begin recording again.

F. Mandatory Arrests

If the police have probable cause to believe that the assailant has violated any

temporary or permanent protective orders listed below, the police must arrest that person,

even if the victim does not want the assailant arrested. This arrest may be made without a

warrant if the arrest happens within 12 hours after the violation occurs.894 The relevant

temporary or permanent protective orders include:

 Domestic violence protective orders granted under RSA chapter173-B;

 Stalking protective orders granted under RSA 633:3-a;

 Protective orders contained in a divorce decree under RSA 458:16;

 Protective orders contained as part of a parenting plan under RSA chapter

461-A; and

 Protective orders issued by another state, territorial, or tribal court.895

If a protective order—issued under RSA chapter 173-B, RSA 458:16, or RSA

633:3-a—is violated and the committed act is listed in RSA 633:3-a, II(a), the assailant can

be charged with stalking.896

When an officer has probable cause to believe that the two parties involved in a

domestic violence situation have committed abuse against each other, the officer should

not arrest both of them. Rather, the officer should arrest only the person who was the

primary physical aggressor.

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3. Missing Children

A “missing child” is any person younger than 18 years old whose whereabouts are

unknown to the child’s parent, guardian, or responsible party. Until proven otherwise, all

missing children are presumed to be at risk

Investigative Procedure

1. Initial Response

Law enforcement agencies must respond promptly to all calls regarding missing

persons. The initial call-taker—or other person designated by the department—shall

immediately conduct an initial risk assessment by obtaining as much information as

possible from the reporting party concerning the circumstances surrounding the person’s

disappearance, using the Investigation Protocol Chart (IPC) below. Upon receiving the

information, the chief, shift supervisor, or other designated superior shall be notified.

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2. Knowingly

The mental state of knowingly is more restrictive than recklessly. To act knowingly,

a person does not simply disregard a risk; the person must be aware that his or her conduct

will cause the prohibited result (i.e., bodily injury) or the prohibited circumstances (i.e.,

entering a place where he or she had no privilege or license to be). For example, a person

who swings a baseball bat around in the middle of a crowd may create a substantial risk of

injury, but he does not necessarily know that an injury will result. In contrast, if that person

swings a baseball bat directly at the head of another person standing a foot away, he or she

knows that some injury will result

Example Police Complaint

False Imprisonment, RSA 633:3

Knowingly confined another unlawfully so as to interfere substantially with his/her

physical movement.

633:4 Interference With Custody. –
I. A person is guilty of a class B felony if such person knowingly takes from this state or entices away from this state any child under the age of 18, or causes any such child to be taken from this state or enticed away from this state, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.
II. A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.
III. It shall be an affirmative defense to a charge under paragraph I or II that the person so charged was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody decree in a court of competent jurisdiction within this state. Such petition must be filed within 72 hours of termination of visitation rights.
IV. The affirmative defense set forth in paragraph III shall not be available if the person charged with the offense has left this state with the child.

Source. 1983, 390:1. 1998, 292:2. 2005, 273:16. 2014, 95:1, eff. Jan. 1, 2015