State v. Fields

This is an interlocutory transfer without ruling of the defendant’s motions to dismiss certain criminal complaints charging him with operating a motor vehicle under the influence of intoxicating liquor and after revocation of his driver’s license. The issues presented are first, whether RSA 104:26 precludes prosecution upon criminal complaints drawn and sworn to by a police officer other than the arresting officer; and second, whether the fourth amendment to the United States Constitution and part I, article 19 of the New Hampshire Constitution require the same factual allegations of probable…