Constitutional Law and Civil Rights
What the exam tests
This domain tests Fourth Amendment and New Hampshire Constitution Part I, Article 19 search-and-seizure rules, plus First, Fifth, Sixth, and Fourteenth Amendment protections. Expect scenarios on warrants, consent, plain view, exigency, automobile searches, and equal protection.
Core rules
- Article 19 protects against unreasonable searches and seizures and is often read more protectively than the federal Fourth Amendment.
- A search warrant must be supported by oath or affirmation, particularly describe the place and items, and be executed within its terms.
- Warrant exceptions include consent, exigency, search incident to arrest, automobile, and plain view. The State bears the burden of proving an exception.
- Consent must be voluntary and may be limited by scope; apparent authority does not always extend to closed containers.
- First Amendment activity does not supply reasonable suspicion by itself; enforce neutral laws without targeting protected speech.
Worked example
An officer asks a roommate for consent to search a shared apartment. The roommate says yes. The officer opens a locked bedroom door and finds contraband in a closed backpack. Reasoning: the roommate may have authority over common areas, but a locked bedroom and closed backpack suggest a reduced scope. The officer should ask whether the roommate controls that room and backpack, or obtain a warrant. If authority is unclear, the search may fail.
Traps
- Assuming consent by one occupant covers every closed container.
- Treating a traffic stop as a general search authority.
- Ignoring state constitutional protections because federal law is broader.
- Using speech or association as the sole basis for suspicion.