Legal Question in Criminal Law in New Hampshire

4th ammendment

on a regular trafic stop is it right for a cop to search you against your consent if your just 16 years old without a parent present if you already ask for them to call your parent and they didnt? PLEASE HELP


Asked on 11/08/08, 10:24 am

1 Answer from Attorneys

Andrew Winters Cohen & Winters, PLLC

Re: 4th ammendment

Normally the police are required to have a search warrant before searching you. There are a number of exceptions to this requirement, however, your consent to the search being just one of them. Another commonly used exception is that the police have the right to temporarily detain any person to investigate a potential offense (or motor vehicle infraction). During such a detention, the police can pat you down for "officer safety" purposes, to make sure you don't have any weapons.

The police do not need to have your parents present when searching you or even let you call them unless/until you are arrested. They might need your parents present if they take you into custody and interrogate you but, at age 16, that's doubtful.

Feel free to contact me directly if you have any follow up questions.

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Answered on 11/09/08, 1:09 pm


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