Hillsborough County, New Hampshire, installed a teleconferencing system between the Nashua District Court and the Nashua Police

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Hillsborough County, New Hampshire, installed a teleconferencing system between the Nashua District Court and the Nashua Police Station. This system made it unnecessary to have police officers physically transport arrested persons to the courthouse for purposes of arraignment and setting bail. This procedure was intended to conserve time as well as money, and was approved by the state supreme court. Jay Larose and two other people were arraigned using this system, and bail was set, but they were unable to make bail. They subsequently petitioned for a writ of habeas corpus. The petitioners argued that this high-tech approach to arraignments violated their due process rights under the state and federal constitutions. They also maintained that the teleconferencing procedure violated a state statute which required that arrested persons “. shall be taken before a district or municipal court without unreasonable delay, but not exceeding 24 hours, Sundays and holidays excepted, to answer for the offense.” What due process rights could they have claimed were infringed upon, based on these facts? How might the state respond to the claimed infringement of the statutory right?

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