Day 4 Teresa

For the past two days Chris Keating, the Executive Director of NH Public Defender Office, has met with us to discuss the Criminal Justice system. The most interesting thing that I learned about through the discussions are a citizens rights under Federal and State laws in regard to search and seizures. Before the discussion I thought that an officer must have an official warrant to search your person and possessions and that when stopped by a police officer you are required to stay and listen to them. Keating explained to us that in general, in order for an officer to search someone or their property the officer must have probable cause and go through the process of requesting a warrant from a neutral and detached magistrate. In such cases the magistrate reserves the right to deny a request for a search warrant. An exception to the warrant requirement laws would be that an officer has reasonable suspicion based on articulable facts through rational interference that a person has been, is, or is about to be involved in a crime. An officer has the right at all times to go up to a person and ask them to speak with them and the citizen maintains the right to request to leave at any time. When an officer gives an order that you stop you must stop and if they deny your request to leave you must comply. In the case of the warrant exception the officer maintains the right to seize and search someone without a warrant, and if the suspect is found to be involved in a crime they will be arrested. If the officer can did not have enough reason to seize, search, and/or arrest someone then the evidence against the person may be supressed. It was interesting to learn that the federal laws regarding searches and seizures are not that specific and that it is through state laws and a multitude of cases that the procedures surrounding searches and seizures are decided.