Legal Question in Criminal Law in New Hampshire
must there be an underlying charge before the police can arrest you on a charge of resisting arrest??
Asked on 7/19/10, 7:14 pm
1 Answer from Attorneys
Andrew Winters
Cohen & Winters, PLLC
Not necessarily. The charge is actually resisting arrest *or* detention. It's not uncommon for the police to be seeking to temporarily detain someone for investigative purposes, which is allowed for mere reasonable suspicion of a crime even without probable cause to arrest. If the person then resists, they could be charged with resisting detention.
Answered on 7/20/10, 5:45 am
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