Thursday, December 13, 2012

WHEN CAN THE NH POLICE PULL ME OVER?

What is an Investigatory Stop?

Oftentimes our clients will ask when, and under what circumstances, can a police officer pull me over?  If you are facing a NH Motor Vehicle Offense it is advisable to speak with an experienced attorney. Since many cases begin with the motor vehicle stop, the legality of the motor vehicle stop is one of the first issues we examine. If the stop was illegal chances are that anything found during the course of the stop will be suppressed (thrown out).

An “investigatory stop” occurs when the blue lights come on and, in response, you pull over to the side of the road.  An “investigatory stop” is considered a limited seizure permitted under the New Hampshire Constitution.

A police officer may undertake an investigatory stop if the “police officer has reasonable suspicion, based upon specific, articulable facts taken together with rational inferences from those facts, that the particular person stopped has been, is, or is about to be engaged in criminal activity.”  Further, a police officer may conduct an investigatory stop based on a traffic violation.  While the police cannot exceed the scope of the motor vehicle stop, the need not ignore what they see or smell once they make a valid stop.

If you have been pulled over and given a summons, or placed under arrest, give us a call. It does not cost anything to sit down with us and talk to us about your case.
 Our telephone number is: 603-595-5525

The Law Office of Shepherd & Osborne
351 Main Street
Nashua, NH 03060
www.shepherdandosborne.net
Phone: 603-595-5525
Fax: 603-595-5533