State v. Brodhead, 7268
Citation | 116 N.H. 39,351 A.2d 57 |
Decision Date | 31 January 1976 |
Docket Number | No. 7268,7268 |
Parties | STATE of New Hampshire v. Boyd BRODHEAD. |
Court | New Hampshire Supreme Court |
Warren B. Rudman, Atty. Gen., and Gergory H. Smith, Asst. Atty. Gen., by brief for the State.
Shute, Engel & Frasier, Exeter, by brief, for defendant.
The issue presented is the validity of the arrest of the defendant on a charge of operating a motor vehicle while under the influence of intoxicating liquor. RSA 262-A:62 (Supp.1975). At the conclusion of the state's case, the defendant moved for dismissal on the basis that there was no proper arrest made. The Court (Viel, J.) transferred without ruling on an agreed statement of facts two legal questions raised by the motion. The case was entered in this court on July 21, 1975, and submitted on briefs on December 3, 1975.
There being no transcript of the trial, the issue presented must be decided on the following agreed facts:
RSA 594:1 defines an arrest as 'the taking of a person into custody in order that he may be forthcoming to answer for the commission of a crime.' '(T)o constitute an arrest there must exist an intent on the part of the arresting officer to take the person into custody and a corresponding understanding by the person arrested that he is in custody.' State v. Hutton, 108 N.H. 279, 285, 235 A.2d 117, 121 (1967). No magic words or the filing of specific charges are required. State v. Garceau, 108 N.H. 209, 211, 231 A.2d 625, 627 (1967). Whether or not an arrest has taken place depends upon the 'context of the circumstances' or 'the facts of the incident'. Taylor v. Arizona, 471 F.2d 848, 851 (9th Cir. 1972), cert. denied, 409 U.S. 1130, 93 S.Ct. 948, 35 L.Ed.2d 262 (1973); State v. Schofield, 114 N.H. 454, 456, 322 A.2d 603, 604 (1974).
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State v. Gosselin
...L.Ed.2d 889 (1968). It was not necessary that Detective Denton be the officer who detained or searched defendant. See State v. Brodhead, 116 N.H. 39, 351 A.2d 57 (1976). Under the circumstances, therefore, the search of defendant conducted by both Officer Holmes and Detective Denton was rea......
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...utter the words, "You are under arrest." See State v. Riley, 126 N.H. at 262-65, 490 A.2d at 1366-67 (1985); State v. Brodhead, 116 N.H. 39, 40, 351 A.2d 57, 58 (1976); Dunaway v. New York, 442 U.S. 200, 212-13, 99 S.Ct. 2248, 2256-57, 60 L.Ed.2d 824 The defendant argues that he was arreste......
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State v. Lemire, 79-330
...116 N.H. 227, 229, 356 A.2d 692, 694 (1976). Whether this has occurred depends upon the circumstances of each case. State v. Brodhead, 116 N.H. 39, 40, 351 A.2d 57, 58 (1976). There is no need for an officer to utter the magic words "You're under arrest." See id., 351 A.2d at As the Supreme......
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State v. Preston, 83-023
...officer to take the accused into custody and a corresponding understanding by the accused that he is in custody. State v. Brodhead, 116 N.H. 39, 40, 351 A.2d 57, 58 (1976). We cannot say that the circumstances in this case fulfill either of these requirements. The guards moved the defendant......