Hampton Drug Crimes Lawyers

Serving Rockingham County, Strafford County, and Throughout New Hampshire

Drug crime charges can result in severe penalties that affect every aspect of your life. The defense lawyers at Beaton & Kiers, PLLC combine over five decades of trial experience with a deep understanding of New Hampshire’s legal framework to craft effective criminal defense strategies. Our team prioritizes strong personal compassion and professional attention to detail, providing comprehensive legal support customized to your needs. 

Call our Hampton office at (603) 769-3491 today. We’re available 24/7 to our clients, and our bilingual team speaks both English and Spanish.

Protecting Your Constitutional Rights in Drug Cases

Drug investigations can be stressful and intimidating experiences. However, it’s important to remember that as a citizen, you have rights that are meant to provide you with important legal protections. The 4th Amendment of the United States Constitution serves as a crucial safeguard, providing protection against unreasonable searches and seizures by law enforcement. This right often plays a vital role in drug crime cases, as investigations frequently involve searches of personal property, vehicles, or homes where the presence of illegal drugs may be suspected. 

Specifically, the 4th Amendment requires that officers have probable cause or a valid warrant approved by a judge before conducting certain searches. For example, in drug crime cases, law enforcement cannot search your home or vehicle based on mere suspicion or a vague belief that illegal substances may be present. Any evidence obtained without adhering to these rules may be inadmissible in court.

However, as straightforward as these rights may seem, there are nuances and exceptions that can complicate cases. 

Common examples include:

Unlawful Traffic Stops

Police cannot stop your vehicle without reasonable suspicion of a traffic violation or criminal activity. Using a minor infraction as a pretext for a larger investigation into drug crimes can form the basis of a 4th Amendment challenge.

Warrants Lacking Specificity

A warrant must clearly define where the search will take place and what will be seized. Broad or vague warrants that fail to outline these details may be invalid and offer grounds for a strong defense.

Improper Consent Searches

If law enforcement requests your consent to perform a search, you have the right to refuse. However, officers often pressure people to consent without fully explaining their rights. This tactic is a common source of unlawful searches.

Plain-View Doctrine Misuse

Officers may claim that drugs or other contraband were “in plain view” to justify a search or seizure. However, this justification requires clear and legitimate evidence, which can be contested in court.

In some cases, even a single piece of illegally obtained evidence can change the course of a trial. Without the illegally obtained evidence, the prosecution’s ability to prove its case may collapse entirely.