If your property has been searched, you may be wondering about the constitutional issues surrounding police searches and whether your search was conducted lawfully, particularly if evidence gathered during the search is going to be used against you. A New Hampshire criminal defense attorney will be able to answer questions pertaining to your specific case.

The most important thing to note is that the Fourth Amendment of the U.S. Constitution and similar provisions in state constitutions only limit actions government agents. Private investigators or other private parties are not limited by the Fourth Amendment, and evidence gathered by them can be used, no matter how unreasonable their search. However, if the individual who conducted the search acted as an instrument or agent of the government (such as an airport employee who regularly provides tips to the Drug Enforcement Administration (DEA) and searches packages), or if police officers join a private search in progress, then the search must still comply with Fourth Amendment standards.

It is also important to note that if you do anything to relinquish your privacy interest in an item, you may forfeit your Fourth Amendment right to privacy against searches and seizures of the item. Actions indicating forfeiting your privacy interest include leaving a bag in a public hallway, putting it in the garbage and taking it to the curb, or throwing it on the ground when being chased by police. However, if you only set an item down temporarily or give it to someone else temporarily, that does not constitute abandonment. The burden of proving that an item was abandoned is on the government.

If you have further questions about a search, contact experienced New Hampshire criminal defense attorney Sven Wiberg for a free initial consultation.