Illegal Search and Seizure
Law enforcement officers don't have the right to search your property and seize items without cause. So, if you believe you are a victim of illegal search and seizure in New Hampshire, you should contact criminal defense lawyer Michael Anzalone.
Michael Anzalone and his associates at The Anzalone Law Firm will advise you on whether law enforcement had the right to search and seize. There are many variables, and he will explain this to you.
When do police officers have the right to search your vehicle or your property? It happens all the time. You are stopped by an officer for some kind of driving infraction and before you know it, they are searching your car. You may fit a certain profile or they may simply be fishing for information after they stop you. Perhaps the officer thought you were nervous, or trying to hide something.
If they ask for your consent to search your vehicle or your home, what should you do? If you are in your vehicle at a roadside traffic stop, it may not be easy. The officer has the upper hand because he or she or they have the upper hand. They are the authority figures and you feel like you have to do as instructed.
This is where knowing the law comes in handy. And your criminal defense attorney will advise you to read up on the laws of New Hampshire. The search warrant section of the state statutes provides a lot of detail. It can be found at RSA 595-A:1.
If during a traffic stop you hesitate when an officer asks to search your car, you may be bullied into letting them do so. They may ask why you won't consent if you have nothing to hide. The simple answer is this. You have the right to deny a search of your vehicle. You have the right to politely decline a search without a warrant.
A prime example of this is when an officer searches a vehicle during a traffic stop and finds drugs. In this case, you should have in most instances been sent on your way after the traffic stop. Instead, for whatever reason, the cop found drugs in your car and now you are facing drug charges in addition to a traffic infraction.
And, keep in mind that evidence obtained illegally cannot be presented in court. That's a Fourth Amendment right. And the state of New Hampshire, not you, bears the burden of proving that officers obtained your consent to search your vehicle or home "willingly."
If for some reason you are arrested following what you perceive to be an illegal search and seizure, you will need to immediately contact an attorney with experience in dealing with this kind of issue. Look no further than criminal defense lawyer Michael Anzalone.
He will begin working on your case, seeking discovery from the state that will let him know whether the search and seizure was in fact illegal.
Please call Michael Anzalone to schedule a free consultation.