Questions concerning the search and seizure of cars do not always have clear-cut answers, and the constitutionality of such searches is a hotly contested subject. A New Hampshire criminal defense attorney may be able to help you if your car has been searched by the police.

The unfortunate fact is that for the most part, cars are not well-protected under the Fourth Amendment. Police officers have considerable lenience when it comes to reasonable suspicion when pulling over or searching vehicles. Reasonable suspicion can occur any time an officer suspects a traffic offense has been committed.

When the police stop a car, they are allowed to ask for the driver’s license and registration and ask identifying questions; shine a light inside, and anything seen counts as being “in plain view” and grounds for seizure; look at the vehicle identification number; and order the occupants out of the vehicle. If the occupant is behaving suspiciously, such as making wary movements or refusing to obey orders, that may justify pat-downs.

The law is slightly more favorable when it comes to the arrests of a recent occupant of a vehicle; formerly, the police were allowed to search the entire passenger compartment and any containers, even if the arrestee was arrested outside the car and removed from access to it. But the Supreme Court has ruled that a search of a vehicle incident to a recent occupant’s arrest is only lawful when the arrestee is, at the time of the search, within reaching distance of the passenger compartment, and the police reasonably believe that evidence relevant to the crime of arrest may be in the vehicle. This is a much stricter standard, as the police typically handcuff and secure arrestees outside the car, anyway. Additionally, if the police issue a citation for a traffic offense, that does not give justification to search the car or driver, unless there is reasonable suspicion that the driver may pose a danger.

If you are pulled over while driving and arrested, your New Hampshire criminal defense attorney’s best strategy may be to challenge the reasonable suspicion basis of the stop or whether the police had probable cause to believe the car contained evidence of a crime. If you have further questions about the search of a car, contact New Hampshire criminal defense attorney Sven Wiberg today.