what can the attorney general do about illegal police actions nh

What can a police officer do that is illegal?

The officer can serve time in prison, pay fines, and be on probation. However, general crimes are not the only things that a cop can do that would be illegal. Some of the actions that police officers take during the course of their jobs may be considered illegal if those actions violate your civil rights.

Are lawyers in New Hampshire professionals?

Especially in light of a growing concern by New Hampshire practicing lawyers for the professionalism of lawyers, it is appropriate to make a distinction between following client objectives during representation, and the general civility and professionalism expected by all practicing New Hampshire attorneys.

What are the duties of a state Attorney General?

1 Issuing formal opinions to state agencies 2 Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation 3 Proposing legislation 4 Enforcing federal and state environmental laws 5 Representing the state and state agencies before the state and federal courts More items...

Are there any laws for law enforcement officers in the US?

These laws cover the actions of State, county, and local officers, including those who work in prisons and jails. In addition, several laws also apply to Federal law enforcement officers. The laws protect all persons in the United States (citizens and non-citizens).

How do I file a complaint against a police officer in NH?

If you are uncomfortable reporting the crime to the agency where the officer is employed, call the Belknap County Sheriff's Department or New Hampshire State Police. If the complaint has to do with the professionalism of the officer and not a crime, contact the chief of police or the police commission / selectpersons.

What does the NH Attorney General do?

Duties. The attorney general is authorized to: act as attorney for the state in all criminal and civil cases in the supreme court in which the state is interested, and in the prosecution of persons accused of crimes punishable with death or imprisonment for life.

Do police have to identify themselves in New Hampshire?

"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of a crime to state their name....Obligation to identify.States with "stop and identify" lawsNevadaNev. Rev. Stat. §171.123New HampshireN.H. Rev. Stat. Ann. §594:2, §644:624 more rows

How do I file a complaint with the New Hampshire Attorney General?

Complaints should be addressed to: Office of the Attorney General, Consumer Protection and Antitrust Bureau, 33 Capitol Street, Concord, New Hampshire 03301. You may also download a complaint form or file a complaint online.

Does New Hampshire have district attorneys?

In New Hampshire, the D.A. is called a "County Attorney." The state has ten County Attorneys who represent the state in criminal filings. Learn about their role and how to get in touch with them below.

Does NH have a lemon law?

Arbitration Law The New Hampshire New Motor Vehicle Arbitration program (RSA 357-D) is commonly referred to as the New Hampshire "Lemon Law." The purpose of the law is to provide a consumer with an efficient and informal process with which to resolve new motor vehicle warranty problems.

Can you record police in NH?

Right to record government officials in public The U.S. Court of Appeals for the First Circuit, which includes New Hampshire, has held that there is a First Amendment right to record “government officials in public spaces.” Glik v.

Does an undercover cop have to tell you?

A Myth Based On The Concept Of Police Entrapment Plain-clothes law enforcement organizations like the FBI couldn't even exist. Although the idea that an undercover police officer has to tell the truth is just a myth, that myth is based on the very real concept of police entrapment.

How can you tell if someone is an undercover cop?

Unmarked police cars have special plates with numbers only, dark tinting, multiple radio antennas, a push bumper, and there may be out-of-place lights on the grill. An undercover officer often looks oddly well-groomed.

What is the Laurie list NH?

A long-shielded list containing the names of 174 current and former New Hampshire police officers with misconduct on their records that raises questions about their credibility is now public, putting an end to years of secrecy, litigation and legislation.

Does New Hampshire have a consumer protection statute?

New Hampshire's primary consumer protection law is entitled "Regulation of Business Practices for Consumer Protection" and is commonly known as the Consumer Protection Act.

How do I file a complaint against a local government?

Contact the law enforcement agency involved. Submit your complaint in writing to the chief of police or the head of the law enforcement agency involved. Send a copy of your complaint to the Internal Affairs Division of the law enforcement agency. Be sure to keep a copy for yourself.

Who is the attorney general for the state of New Hampshire?

John FormellaThe Attorney General of New Hampshire is a constitutional officer of the U.S. state of New Hampshire who serves as head of the New Hampshire Department of Justice....Attorney General of New HampshireIncumbent John Formella since April 22, 2021New Hampshire Department of JusticeTypeAttorney General7 more rows

Who is NH Assistant Attorney General?

Brandon Garod - Senior Assistant Attorney General - Office of the New Hampshire Attorney General | LinkedIn.

What is an attorney vs lawyer?

However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.

What is the Laurie list NH?

A long-shielded list containing the names of 174 current and former New Hampshire police officers with misconduct on their records that raises questions about their credibility is now public, putting an end to years of secrecy, litigation and legislation.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

Illegal Searches

The police must follow strict rules when they search a person, vehicle, or residence. Each of these unique situations has its own unique level of “suspicion” required to conduct a lawful search.

Illegal Interrogations

Police are allowed to question suspects and witnesses prior to arrest. After the moment of arrest, known as the “ Miranda Moment,” officers are required to advise you of your right to remain silent and your right to an attorney pursuant to the Fifth and Sixth Amendments.

Excessive Use of Force

Police are only authorized to use the minimum amount of force necessary to gain control of a situation or protect themselves and the public from harm. This means that lethal force can only be used to prevent an imminent threat that could kill an officer or someone else.

What is the ABA comment 8?

ABA comment [8] (formerly Comment [6]) requires that a lawyer should keep abreast of . . . the benefits and risks associated with relevant technology." This broad requirement may be read to assume more time and resources than will typically be available to many lawyers. Realistically, a lawyer should keep reasonably abreast of readily determinable benefits and risks associated with applications of technology used by the lawyer, and benefits and risks of technology lawyers similarly situated are using.

What is the purpose of the Rules of Civil Liability?

The Rules are not designed to be a basis for civil liability. The purpose of the Rules can be subverted when the Rules are invoked by opposing parties as procedural weapons. Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. Violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer from a position or from pending litigation. Nevertheless, as the Rules establish a standard of conduct for lawyers, a lawyer's violation of a Rule may be evidence of breach of the applicable standard of conduct.

What is section G in a law?

A new section (g) is added to apply specific rules for the limited representation of a client in a litigation setting, which would require full disclosure and informed consent. A recommended written Consent to Limited Representation form for compliance with this provision, while not mandated, is provided in section (h). Subsection (g) (2) requires the lawyer to advise the client to comply with whatever applicable court rules may apply, with respect to any "ghost written" pleadings prepared by that lawyer who is not actually involved, by appearance, in the particular litigation.

What to do if you and a lawyer have agreed to limited representation in connection with litigation?

If you and a lawyer have agreed to limited representation in connection with litigation, you should complete this form and sign your name at the bottom. Your lawyer will also sign to show that he or she agrees. If you and the lawyer both sign, the lawyer agrees to help you by performing the following limited services:

What does "limited representation" mean in a case?

"Limited representation" occurs if you retain a lawyer only for certain parts of the case.

What is Rule 5.4?

Rule 5.4. Professional Independence of a Lawyer

What are the rules of professional conduct?

The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the context of legal representation and of law itself. Some of the Rules are imperatives, expressed by the terms "shall" or "shall not". Others, generally expressed by the term "may", are permissive and define areas in which the lawyer may exercise professional judgment.

What is the law that makes it unlawful for a state or local law enforcement officer to engage in a pattern or?

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (34 U.S.C. § 12601). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law? The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.

What is the DOJ document?

This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated. Federal laws that address police misconduct include both criminal and civil statutes.

What does DOJ do in a civil case?

In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency.

How to report a violation of the OJP program?

If you would like to report a violation of the Police Misconduct Statute, Title VI, or the OJP Program Statute, contact the Justice Department at civilrights.justice.gov.

What is the color of law?

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Under color of law" means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. What remedies are available under these laws? These are criminal statutes. Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

What are the types of law enforcement misconduct?

The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.

What is the OJP program?

Title VI of the Civil Rights Act of 1964 and the "OJP Program Statute". Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from DOJ. (42 U.S.C. § 2000d, et seq. and 34 U.S.C. § 10228).

What Should I do if I Believe a Police Officer is Guilty of Misconduct?

If you believe your Constitutional rights were violated or a police officer is guilty of misconduct, contact a criminal defense attorney.

What is the exclusionary rule in a wrongful arrest?

The exclusionary rule prohibits prosecutors from using evidence obtained during an unlawful or false arrest against a defendant in court. Without that evidence, there may not be a valid case against the person.

Why is the exclusionary rule used?

It discourages law enforcement agencies from using arrests as an unlawful way to obtain more evidence when they do not have enough evidence or probable cause to support an arrest. Other forms of police misconduct could lead to the use of the exclusionary rule.

What rights does false arrest violate?

Because the officer did not have probable cause to believe a crime had been committed, the officer violated the person’s Fourth Amendment rights. However, false arrests can also violate a person’s Fourteenth ...

What to do if you are arrested by a cop?

If you are arrested, remain silent except for asking for an attorney. A criminal defense attorney can help you determine if the cops did anything illegal. Your attorney also assists you in formulating a defense strategy that may result in a dismissal of charges and compensation for damages if the police officer is guilty of misconduct or wrongdoing.

Why do police use arrests?

Arresting a person is a powerful tool for law enforcement. Arrests are made when a person is suspected of committing a crime. However, some officers misuse arrests for various reasons.

What are some examples of police misconduct?

Police misconduct includes a wide variety of actions that law enforcement officers may use during an investigation, encounters with citizens, or arrest. Surveillance abuse, planting evidence, racial profiling, excessive force, corruption, false imprisonment, and assault are just a few more examples of illegal acts committed by police officers.

What is the law that allows police to use deadly force?

State law allows law enforcement officers to use deadly force when they “reasonably believe” killing someone is necessary to protect themselves or someone else. Hannon exchanged gunfire with police and died of “multiple gunshot wounds,” following a 10-hour standoff with police on June 15 in Pittsfield, authorities said.

How old was Tony Hannon when he was shot?

After members of a Central New Hampshire Special Operations Unit team, including four Concord Police officers, shot and killed 52-year-old Tony Hannon, the Attorney General’s Office is following an established set of steps to investigate whether the officers’ use of force was legal.

What does the Attorney General's determination mean?

The Attorney General’s determination only indicates whether criminal charges can be brought against an officer, leaving civil cases up to the courts. Much of New Hampshire’s law focuses on what an officer believes at the time of a shooting, which can be considered a low legal threshold to meet.

What is the protocol for a criminal investigation?

The protocol sets ground rules for the investigation, like recording interviews with eye-witnesses and advising them not to discuss the incident with others. Any directly involved officers are given the same warnings; however, they are allowed to consult and be represented by union representatives throughout the criminal investigation. The protocol also outlines when information will be released publicly and allows the victim’s family to receive confidential updates, which will cease if they share any information prematurely.

Why do police officers have to pass tests?

Since weapons used in a shooting become evidence in the investigation, officers are issued new firearms and required to pass tests qualifying them to use those weapons. This also allows them to practice firing a weapon in a low-stakes environment before heading back out to the streets.

When can a law enforcement officer use deadly force?

Under state law, a law enforcement officer has the authority to use “deadly force” against a person when “he reasonably believes such force is necessary to protect himself or a third person from what he reasonably believes is the imminent use of deadly force.”

When was the Claremont shooting in 2021?

New Hampshire State Police troopers investigates a fatal police shooting in Claremont, N.H. on Thursday, April 1, 2021 . Authorities say shots were fired between the State Police SWAT team and a man who had barricaded himself in a Sullivan Street building. Jennifer Hauck