Unlawful Police Stop
Do you think you’ve been illegally stopped by police in New Hampshire? If so, you should be in touch with a DWI lawyer.
You should never be stopped by a law enforcement officer unless there are “reasonable grounds” to believe you’ve committed a traffic violation.
Were you swerving in and out of traffic? Running up on a curb? Speeding or driving too slowly?
For a case involving suspicion of driving while under the influence of drugs or alcohol, a police officer must be able to testify to his or her observations of the reasonable grounds under which you were pulled over.
If you have any questions about such a traffic stop, please call Nashua, New Hampshire DWI attorney Michael Anzalone. He can answer your questions and, if there are reasonable grounds, stand up for your rights in court.
The first thing Michael Anzalone will try to determine whether the officer who stopped you violated your right to be free of unreasonable search and seizures under the U.S. Constitution and New Hampshire’s state laws.What is an Unlawful Stop?
If the officer sees you violating a traffic law, he or she has the right to stop you and determine whether you are driving while under the influence of drugs and alcohol. This is called a pretextual stop. These kinds of stops are considered legal by state and federal courts as long as the officer has a sound reason to stop the driver. Some reasons, again, could be swerving in traffic, reckless driving, being asleep at the wheel while at a red light.
Your DWI lawyer will see if there is a way to prove that the traffic stop was illegal. A possibility here could be racial profiling, for example.
There are reasons when the officer could stop you based on a witness calling 911 to report reckless driving. In this case, the officer doesn’t actually have to see you weaving in traffic, or driving up on a curb. The New Hampshire Supreme Court has set some guidelines for these anonymous tips. First, they must be able to identify by make, model, tag number or color the vehicle that is being reported. This is to make sure the officer can identify the vehicle as the one the tipster was calling to report.
Another thing an officer must do during a traffic stop is to determine whether his or her suspicions are warranted during a set amount of time.
DWI attorney Michael Anzalone will look into the length of time of the stop and whether the officer questioned you about things that were not part of what he stopped you for. If the officer offers this kind of evidence, it may be suppressed in court. This means if you were stopped for one reason and then the officer starts questioning you about something else, this may not stand in court.
The Anzlaone Law Firm will work hard to make sure your rights are protected.
Call us today at 603.548.3797 for a free consultation.