In times of emergency, police and other government entities have greater leeway to do things. State v. MacElman, 149 NH 795 (2002). That said, Covid-19 is not a blank check for state entities.

Individuals incarcerated are at a heightened risk for infection and serious consequences because jails and prisons are known amplifiers for spread of disease. In response, some states and counties have taken steps to release people both pretrial and those already sentenced. For example, some courts have held that individuals incarcerated pretrial on non-violent offenses should be released during a time of Covid-19. On April 3, 2020 the Massachusetts Supreme Judicial Court issued just such an order. Massachusetts follows other states like New Jersey (order here), and Michigan (executive order here). Here is a growing list of efforts made to reduce inmate populations during the Covid-19 outbreak.

If you have a friend or family member: 1) that does not already have an attorney; 2) is being held at a corrections facility; and 3) you are worried about them contracting Covid-19, please contact us. We may be able to help. If they have any of the known risk factors, found here, the issue may be more urgent.