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Case Guidelines for Conduct of Criminal Proceedings Table of Contents

Case Guidelines For Conduct Of Criminal Proceedings

[ Editor's Note:   These Guidelines have not been updated since 1984.]

PART I. INVESTIGATION OF CRIME

 THE LAW OF CRIME IN NEW HAMPSHIRE

1. Contempt

Guidelines for criminal contempt proceedings are prescribed in Town of Nottingham v. Cedar Waters, Inc., 118 NH 282, 286 - 287 (1978).


 STATUTORY AND CONSTITUTIONAL LIMITS ON THE INVESTIGATION OF CRIME

1. Road checks

Standards for determining the validity of road checks are outlined in State v. Baldwin, 124 NH 770, 776 - 778 (1984).


STANDING TO OBJECT TO ILLEGAL SEARCH

1. Generally

"Automatic standing rule" as standard for standing to challenge the legality of searches and seizures was affirmed in State v. Settle, 122 NH 214 (1982).



THE RIGHT AGAINST SELF - INCRIMINATION AND RIGHTS OF PERSONS IN CUSTODY

1. Voluntariness of confession - Burden of proof

Requirement that voluntariness of confessions be established beyond a reasonable doubt was adopted in State v. Phinney, 117 NH 145, 147 (1977).

2. - Findings

Requirement, at suppression hearing on issue of voluntariness of oral or written waiver of defendant's Miranda rights, that court enter an express finding that the waiver (and any confession) was voluntary beyond a reasonable doubt was imposed in State v. Gullick, 118 NH 912, 915 (1978). See also State v. Radziewicz, 122 NH 205, 211 (1982).


IDENTIFICATION PROCEDURES

1. Pretrial lineups

Guidelines for ruling on motions for pretrial lineups appear in State v. Vasquez, 122 NH 878, 882 (1982).


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