Legal Question in Criminal Law in New Hampshire

Re: posession of controlled drug & transposrting

When the police conduct a search, the must have a search warrant or an exception to the warrant requirement must be present.

If the search is without a warrant and not based on a valid exception then your lawyer can file a motion to suppress the evidence. In this case, the drugs. If the evidence is suppressed, then it is excluded from the case. In a case such as you described the charges would be dropped at that point.

Here, it is very likely that the police did not have a warrant. Thus, they police must rely on an exception. It is likely that none of the exceptions apply and the evidence would be suppressed. Your case is very similar to State v. Ball, that was a case where the NH Supreme Court tossed out drug evidence where the police did not have probable cause to demand the item. In your case, people do smoke tobacco. There is no way for the officer to know that it was not tobacco. Thus, he could not demand the cigarette.

Motions to suppress are complicated. So, you should consult with an experienced criminal defense attorney.

This is not something that you can handle on your own.

It looks like you may have a case. Good luck!

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!