New Hampshire warrants are classified into three categories: search,
arrest, and bench warrants. Search warrants allow law enforcement
officers to enter a specified residence and search for a specified
commodity. Search warrants expire after a designated time period.
Arrest and bench warrants are also issued through a judge and cannot
expire.
Once a warrant of arrest is issued, unless it is later reversed, it
outstands until the individual is arrested and taken into custody. In
order for a warrant of arrest to be issued, a police officer must have
probable cause. Merely having suspicions about a crime will not result
in a warrant granting. In domestic disputes a warrant of arrest is
normally issued for the individual who began to incident, even if he or
she did not cause any physical injury.
Bench Warrant
When an individual does not appear at his or her appointed court
appearance, a bench warrant can be issued for his or her arrest. Those
with bench warrants are those who have posted bonds for their bail. The
judge presiding over the case can choose this option at his or her own
discretion. When the individual has been apprehended by the police and
taken into custody, he or she will be brought before the court.
When an individual fails to attend his or her court appearance, the
court will most often assume that he or she has jumped bail. According
to New Hampshire law in some cases when an individual does not appear
in court after admitting to bail, the judge can require forfeiture of
the bond and issued an arrest without a warrant. This is only possible
if the individual is within New Hampshire state lines.
Making Arrests
When law enforcement officers have located an individual with an arrest
warrant, they have the right to appear that a residency and take an
individual into custody. Officers are required by law to state their
presence and knock. If an individual is seen as a flight risk or may
destroy evidence, law enforcement officers do have permission to break
entrances of a residence.
New Hampshire law only requires these entrances to include windows and
doors. Any other type of destruction is illegal. If an individual with
a warrant of arrest has assistance in avoiding the police, those
providing assistance - either family member or friends - will be
subsequently charged with obstruction of justice.
Arrests without warrants are possible in some situations. If an
individual is a danger to others or him or herself, or if a police
officer witnesses a crime, an individual can legally be arrested
without a warrant.
Searching
A common occurrence with arrest warrants is not being aware that there
is a warrant of arrest at all. Websites provide specific searching for
New Hampshire arrest warrants as well as search and bench warrants. A
majority of websites offer search engines as specific as county and
city searches.
At times databases allow warrant searches at no cost, while others
require a fee as high as forty dollars. Some websites even recommend
contacting a criminal defense attorney for legal advice and more
detailed search options.