Legal Question in Criminal Law in New Hampshire

My girlfriend in the driver seat and me as a passenger side with the car off I was approached by an unmarked police officer, he did not say he was a cop. He tapped on my window as I was conducting illegal things in my car, he opened my door and I pulled back the door. Then he pulled out a gun, at this time I thought I was being robbed. He told me to get out and put my hands on the car as he ran over to get his radio out of his car which was clearly not a police car. He radioed a police officer to come over and when the new police officer arrived he cuffed me and put me in the back off the cop car. The police tried to work out a deal to rat on someone that they thought we knew in the area so we played dumb to try to get out of it. So they arrest us both and when we got the station they read are rights and made us sign the paper to prove that we had been read them. They put us is cells for a while and when a half hour went by the undercover cop or whatever he was asked me if it was ok to give my girlfriend a xanax (which she does have a script for) because she was freaking out. That brings me to the first question is that legal? The second question was the arrest legal with the cop that just came up to us not letting us know that he was not police. We got a class b felony for an empty bad of H on my side with nothing in it and my girlfriend had less the .5 grams of H in her purse which they found at the station in the purse. Just let me know what you think of this situation and possible outcomes, what should I do about it.


Asked on 11/17/09, 10:32 pm

1 Answer from Attorneys

James Rosenberg Shaheen & Gordon, PA

In order to answer this question, I would need to secure from you a more detailed version of the events. I hesitate to respond with any real analysis without a better sense of the facts. There may well be very legal and factual issues to press in your defense. It is not clear to me why the police approached you in the first place. Typically, the police need reasonable and articulable suspicion to conduct a stop of you, which means that they need some sense that you have committed, are committing or will soon commit a motor vehicle or criminal offense. Based on the facts that you described, I don't understand the original police justification for approaching your car. Next, it appears that they searched the car and your girlfriend's belongings. In New Hampshire, any person in a car can object to a search because we have an "automatic standing" rule for possessory offenses. Typically, a warrant is required in order to search a home, car, computer or person. There are several well established exceptions to this requirement. One is for items in plain view. In New Hampshire, there is also something called a "tow inventory" search, where the police have to tow the car and they conduct an inventory search for the stated purpose of identifying your valuables to guard against allegations from you that they stole or the tow operator store any of your possessions. In reality, this inventory search is used to uncover evidence that relates to the police investigation. This is an area ripe for more litigation in NH. There may be issues related to the search in your case. To provide a more thorough review, I would need more information. This response simply provides some general reactions of mine based on my professional experience and does not account for all of the facts of your case as I do not know all of the facts. Additionally, this response is not an attorney client communication and does not create and attorney client relationship with you.

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Answered on 11/23/09, 9:21 am


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