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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 105:3 (2026)

Powers; Compensation

✓ current as of May 2026
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    105:3 Powers; Compensation. – All police officers are, by virtue of their appointment, constables and conservators of the peace. They shall receive such compensation as may be voted by the town, and the same fees as constables.

Source. RS 114:3. CS 120:5. GS 235:6. GL 253:5. PS 249:3. PL 363:3. RL 422:3.

Notes of Decisions
Cited in 10 cases, 1966–2001 · leading case: State v. Zeta Chi Fraternity, 696 A.2d 530 (N.H. 1997).
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State v. Zeta Chi Fraternity, 696 A.2d 530 (N.H. 1997). “See RSA 104:6 (1990); RSA 105:3 (1990); RSA 106-B:12 (1990). While probation officers also have some powers of law enforcement, see RSA 504-A:12 (Supp.”
State v. Theodosopoulos, 409 A.2d 1134 (N.H. 1979). “” RSA 105:3; Blais v. Town of Goffstown, 119 N.”
State v. Grant, 216 A.2d 790 (N.H. 1966). · cites it 2× “" RSA 105:3; Sheriffs and Constables s. 3, 80 C.”
Hartman v. Town of Hooksett, 480 A.2d 12 (N.H. 1984). “Plaintiff first argues that the Hooksett police, as conservators of the peace under RSA 105:3, have a duty to the public generally or to the plaintiff specifically to warn of defective conditions in the public ways controlled and maintained by the State.”
Trull v. Town of Conway, 669 A.2d 807 (N.H. 1995). “Whether, as a matter of law, a municipal police officer possesses any statutory duty to warn of icy conditions on a state roadway under RSA 105:3; RSA 106-B:15; RSA 230:78 et seq.”
State v. Houtenbrink, 539 A.2d 714 (N.H. 1988). “Furthermore, we have observed that “[b]y statute and at common law, police officers have a duty to act as ‘conservators of the peace’ [RSA 105:3]. As such, they have the right, and in some circumstances, the obligation, to act expeditiously to protect the public from an armed…”
In Re Ash, 311 A.2d 304 (N.H. 1973). “See RSA 105:3. Thus, both the sheriff and the local police have a duty to act in accordance with the county attorney’s concept of law enforcement.”
State v. Swan, 352 A.2d 700 (N.H. 1976). · cites it 2× “Similarly, RSA 105:3 states “\a]ll police officers are, by virtue of their appointment, constables and conservators of the peace.”
State v. Diamond, 785 A.2d 887 (N.H. 2001). “Citing RSA 105:1 (1990), RSA 105:3 (1990) and RSA 105:4 (1990), which authorize the selectmen of a town to appoint, pay and employ police officers, the defendant argues that UNH, which is not a town, cannot appoint and employ its own police officers.”
Ramsay v. McCormack (D.N.H. 1999). “See RSA 105:3. Thus, both the sheriff and the local police have a duty to act in accordance with the county attorney's concept of law enforcement.”
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