The question becomes whether "fresh pursuit" or "citizen's arrest" legitimize the foreign-state stop of appellant by Wicklund. In State v. Goff, 118 N.H. 724, 393 A.2d 562 (1978), a New Hampshire court addressed the same issue presented here. A New Hampshire police officer saw the defendant commit a traffic offense in New Hampshire. A high speed chase ensued in which the defendant fled to Maine.
People v. Clark, 46 Ill. App.3d 240, 242 (1977). State v. Goff, 118 N.H. 724 (1978). We therefore look to the law of New Hampshire to determine the validity of the defendant's arrest.
The statute provides a police officer with authority to make an arrest without a warrant in cases of domestic violence and other exigent circumstances. See RSA 594:10; State v. Goff, 118 N.H. 724, 727 (1978) (stating "[t]he authority to arrest . . . an individual by a police officer in New Hampshire is set forth in RSA 594:10"). While this statute does not serve as a substitute for the territorial jurisdiction provided by RSA 105:4, it did authorize Sanbornton police officers to arrest the defendant without a warrant. In this case, Sanbornton police officers had territorial jurisdiction in Sanbornton.
State v. Greene, 120 N.H. 663, 664, 421 A.2d 132, 133 (1980); see State v. Keating, 108 N.H. 402, 403-04, 236 A.2d 684, 684-85 (1976). But see State v. Goff, 118 N.H. 724, 399 A.2d 562 (1978). We also hold that the trial court properly allowed the municipal court judge to testify as a witness.
See Rawlings v. Kentucky, 100 S. Ct. 2556 (1980); United States v. Crews supra. State v. Goff, 118 N.H. 724, 393 A.2d 562 (1978), does not help the defendant because in that case the defendant was in court at his trial because of an illegal summons. Here it does not appear that the defendant's appearance in court was under an illegal summons.
Such a policy better applies judicial resources. See generally State v. Goff, 118 N.H. 724, 393 A.2d 562 (1978); State v. Doyle, 117 N.H. 789, 378 A.2d 1379 (1977). Dismissed.
We agree that the arrest was illegal. At issue are the same principles of State sovereignty that we recently decided in State v. Goff, 118 N.H. 724, 393 A.2d 562 (1978). We held there that the authority of a New Hampshire State police officer in a foreign jurisdiction is to be determined by the law of that jurisdiction.
Whether a foreign officer has jurisdiction to make an arrest in a neighboring state based on fresh pursuit of a person who has committed a criminal act depends on the law of the state in which the arrest was made. United States v. Di Re, 332 U.S. 581, 589, 68 S.Ct. 222, 226, 92 L.Ed. 210 (1948); Piotrowski I, 433 N.W.2d at 127; State v. Goff, 118 N.H. 724, 727-28, 393 A.2d 562, 565 (1978). Thus, we must examine North Dakota's version of the Uniform Law on Interstate Fresh Pursuit to determine whether this arrest was authorized.