Criminal Law and Procedure
What the exam tests
This domain tests your ability to apply New Hampshire's Criminal Code (RSA 625–651) and arrest rules to real calls. Expect questions on mental states, warrantless arrest authority, search incident to arrest, Miranda, and the exclusionary rule.
Core rules
- RSA 626:2 defines four mental states: purposely, knowingly, recklessly, and negligently. The mental state is an element; do not infer it from the act alone.
- RSA 594:1: warrantless arrest for a felony requires reasonable grounds; for a misdemeanor, the offense generally must occur in the officer's presence. Statutory exceptions include domestic violence and certain impaired-driving cases.
- A Terry stop under RSA 594:2 requires specific, articulable facts; it can ripen into probable cause for arrest.
- Miranda applies to custody plus interrogation; roadside field sobriety questions are usually not custodial.
Worked example
A homeowner reports that someone smashed a mailbox an hour ago. The officer finds the suspect nearby and has probable cause. Because criminal mischief is a misdemeanor not committed in the officer's presence, the officer may not arrest under RSA 594:1 absent an exception. The officer can identify, interview, and summons the suspect, or seek a warrant. Reasoning: the presence requirement limits stale, after-the-fact misdemeanor arrests.
Traps
- Treating probable cause as enough for any misdemeanor arrest.
- Confusing reasonable suspicion with probable cause.
- Assuming a lawful arrest authorizes a full search of a home.
- Forgetting that mental state must be proved for each element.