Legal Question in Criminal Law in New Hampshire

Legal Arrest?

My son, a 19 year old college student, was arrested for ''Unlawful Possession'' of alcohol. A policewoman heard music coming from his on-campus apartment and asked an individual standing in front of his door if he, the student, lived there. He said ''No'' but said he would go get the residents. The policewoman followed this person into the apartment but kept one foot on the ground outside. She was then able to see past the front hall and observed my son and others with beer. She then fully entered the apartment, asked for identification, and confiscated 5 beers from the refrigerator and elsewhere. Everyone was brought outside. My son and the other apartment renter were arrested; everyone else was released. My son believes that this uninvited entry by the policewoman was illegal and that everything thereafter should not be admissible against him. Is he correct?


Asked on 10/31/07, 7:50 pm

1 Answer from Attorneys
James Dennehy Dennehy Law Group, PLLC

Re: Legal Arrest?

It appears that your son is correct! It is likely that the entry into the apartment violated the NH Constitution. The police must have either a search warrant to enter a private dwelling or some exception, such as consent from the owner or authorized person. What the police did in this case appears typical of police action at these types of incidents. It is often an illegal entry. If the police were found to have entered in violation of the law, any evidence found, such as the beer, cannot be entered as evidence and the charges should be dismissed.

WARNING AND DISCLAIMER: This response is provided for general informational purposes only. It is not a substitute for speaking to an attorney qualified and experienced in criminal defense. This response does not establish an attorney-client relationship. Reliance on this information without seeking advice from an attorney could be harmful. Beyond jail and fines, criminal charges often carry unforeseen collateral consequences impacting employment, security clearances, military service, student loans, drivers license, possession of firearms and voting. If you are the subject of a criminal investigation, under no circumstances should you speak to the police without consulting an attorney. Criminal charges are serious, speak to an attorney!

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Answered on 10/31/07, 8:18 pm


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