Legal Question in Criminal Law in New Hampshire

Probable Cause:

Does "probable cause" automatically give a cop the "right" to search you?


Asked on 10/24/97, 10:54 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Probable Cause:

I'm not licensed in New Hampshire, but in Tennessee.Still, unless New Hampshire law is significantly different (and it might be), then probable cause is required for an ARREST, and once you are arrested the police can conduct a full custodial search, not just patting you down. To conduct a "pat down" search for weapons, the officer needs to have a "reasonable articulable suspicion" that a crime has been committed, and that is a considerably lower standard.

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Answered on 10/27/97, 3:37 pm
Larry Bruce Larry B. Bruce Attorney At Law

Probable Cause for What?

Probable cause means more likely to be truethan not. Assuming that you use the phrase"Probable Cause" to mean a reasonable conclusionon the part of an officer that a particularperson is more likely than not committing(orhas committed) a crime AND that it is more likely than not that said person has evidence of said crime in his possession, then Yes, he may search. Note the specific words usedin my response. If any part is lacking, thesearch is questionable.

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Answered on 10/28/97, 12:20 am


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