State v. Preston

This appeal presents the question whether the defendant, an inmate at the New Hampshire State Prison, was arrested for purposes of the Hastings rule, requiring timely indictment, at the time he was placed in administrative segregation after assaulting a prison guard. We hold that an arrest did not occur and affirm the superior court’s denial of the defendant’s motion to dismiss.

On February 14, 1982, the defendant, Terry Preston, an inmate at the New Hampshire State Prison, struck a prison guard with a club. Other guards subdued the defendant, handcuffed him and removed him to administrative…