Legal Question in Criminal Law in New Hampshire

Is something wrong? Underage transportation

so i was pulled over because of a tip

to police that i had beer in my car,

someone at the grocery store saw

someone put beer from their car to

mine, im 18, i was driving my moms

other car, i had three friends with

me, the cop did not read us our

rights, and just told me i had to open

up the back, when i asked why he

just said now! we were all arrested

for possesion of alcohol because there

was four 30 packs, none of us were

drinking, and i got transportation

also, is there something i can do

about questioning the witness for the

tip or how we were not read our

rights or how he just told me to open

the back?


Asked on 1/06/09, 11:35 pm

1 Answer from Attorneys
Andrew Winters Cohen & Winters, PLLC

Re: Is something wrong? Underage transportation

The police must have at least reasonable suspicion to believe you were in the process of committing an offense to pull you over (if that was the only reason they did). Whether they did will depend on the quality of the tip they received. If the did not have reasonable suspicion, the stop was illegal and the resulting search of your car could not be admitted in court, effectively meaning the case would be dismissed).

Second, the way you describe the search it was probably illegal. Generally, the police need a search warrant or your valid consent to search your vehicle. There are other exceptions to the search warrant requirement but I'm not sure any of them apply here. If the police ordered your to submit to the search, without your consent, then again, the evidence obtained could not be admitted in court and would have to be dismissed.

Of course, we don't know what the police will admit. They might give a totally different version in their police report and in their testimony than the way you remember it.

Good luck.

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Answered on 1/08/09, 8:53 pm


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