If you have been arrested for a crime, you may be wondering if there is anything you can do to contest your arrest and help your chances at defense. The police may have obtained evidence they intend to use against you by searching your home or your property, and you might wonder if it is legal for the police to do that. Searches and seizures, as these are called, are important in criminal investigations, and there are strict rules that govern how the police are allowed to conduct them in order for evidence they obtain to be used against you.

The police might do certain things that you might not think of as a “search.”  A search occurs when the government intrudes on you in such a way that you carried a subjective expectation of privacy regarding the object being searched, and society would recognize that expectation as reasonable. If they have conducted a search, there must be probable cause for it.

It is not a search for the police to approach a person on the street and ask questions, if the person is not obligated to stop for them. Nor is it a search for the police to look into an open window or shine a flashlight into your car.

If a reasonable person would believe that, in your circumstances, you are not free to leave or terminate an encounter with the police, a seizure of your person has occurred. This requires there be a show of force or official authority.

If you have more questions about searches and seizures in your arrest, contact New Hampshire criminal defense attorney Sven Wiberg for a free evaluation of your case at 603-686-5454.