O'Connor v. Bucklin
Supreme Court of New Hampshire
Trespass, for assault and battery and false imprisonment. Plea, the general issue, with a brief statement as follows: “At the time and place of the alleged trespass, the defendant was a police officer, duly qualified, of the city of Manchester, and whatever he did in the premises he did while on duty as such officer, and in the discharge of his duties as such officer-; that he then and there arrested the plaintiff for and while violating s. 10, 0. 7, of the ordinances of…
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Trespass, for assault and battery and false imprisonment. Plea, the general issue, with a brief statement as follows: “At the time and place of the alleged trespass, the defendant was a police officer, duly qualified, of the city of Manchester, and whatever he did in the premises he did while on duty as such officer, and in the discharge of his duties as such officer-; that he then and there arrested the plaintiff for and while violating s. 10, 0. 7, of the ordinances of said city, passed December 22, 1876, and used no more force than was necessary to make such arrest.” The plaintiff moved to…
1Opinion of the CourtFoster, J.
The instructions of the court to the jury concerning the alleged abuse of the defendant’s authority in searching the plaintiff, and taking from him his money, were correct. Closson v. Morrison, 47 N. H. 482; Fogg v. Worster, 49 N. H. 503.
i“Any officer, upon view of any crime or breach of the peace or ence against the police of towns, may arrest the offender, and forthwith carry him before the proper court or justice to answer for the offence.” G. L., c. 254, s. 3. By the construction established by long and uniform understanding and practice, this statute authorizes an arrest by any officer…
2Cases cited2 opinions
- Roulo v. ValcourSupreme Court of New Hampshire · 1878
- Crowley v. HurdSupreme Court of New Hampshire · 1877
3Cited by5 opinions
- Commonwealth v. GullickMassachusetts Supreme Judicial Court · 1982
- Bunten v. DavisSupreme Court of New Hampshire · 1926
- State v. RocheleauSupreme Court of New Hampshire · 1977
- State v. . CampbellSupreme Court of North Carolina · 1921
- State v. SwanSupreme Court of New Hampshire · 1976