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As we have explained, “This right to counsel is a fundamental one which transcends the enforcement of the criminal law and should be liberally observed by those who have sworn to uphold the constitution, and no effort should be made to discourage the exercise of the right by our citizens.” State v. Tapply, 124 N.H. 318, 325 (1983).

The police have a duty to see to it that an opportunity to consult with counsel is provided before further questioning may proceed.

State v. Tapply, 124 N.H. 318, 323-25 (1983) (holding that suspect’s statements “[s]hould I have a lawyer” or “[d]o I need a lawyer for this before I” are sufficient to invoke the right to counsel and stating that the right to counsel “is a fundamental one which transcends the enforcement of the criminal law and should be liberally observed by tho

Because the Federal Constitution provides no greater protection in this area, see Brown v. Illinois, 422 U.S. 590, 602 (1975); State v. Tapply, 124 N.H. 318, 326, 470 A.2d 900, 904-05 (1983), we need not undertake a separate federal constitutional analysis.

Based on the testimony in the record, we hold that the defendant adequately indicated to the officers that she sought the assistance of counsel.

In State v. McGann, 124 N.H. 101,106-07, 467 A.2d 571, 574 (1983), we held that a warrantless search of the defendant’s vehicle violated his rights under part I, article 19, and stated, “Since the fruits of that search provided the primary basis for the objects that were the subject of the defendant’s motion to suppress, that motion should have been granted.” Similarly, in State v. Tapply, 124 N.H. 318, 325-326, 470 A.2d 900, 905 (1983), we held that an interview of the defendant while in police

Our constitution, however, is offended only by State action, see State v. Chapman, 135 N.H. 390, 400, 605 A.2d 1055, 1062 (1992); cf. State v. Tapply, 124 N.H. 318, 325, 470 A.2d 900, 905 (1983) (“neither the government nor any of its agents had any power to violate or infringe upon [defendant’s State constitutional] rights”), and thus, even “[t]he most outrageous behavior by a private party seeking to secure evidence against a defendant does not make that evidence inadmissible

Contending that her right to counsel under the State Constitution is greater than under the sixth amendment, she asserts in her brief that State v. Tapply, 124 N.H. 318, 470 A.2d 900 (1984), held that part I, article 15 “affords to all persons suspected of criminal activity the right to counsel.” This is an exaggerated view of our holding in Tapply, where the defendant was subjected to custodial interrogation, attempted to invoke his right to have counsel present for questioning, a

We cannot permit a result that would provide an incentive for law enforcement officers to disobey the law, for, as we have observed, “[w]e must be ever mindful that the prime obligation of government is to observe those rights embodied in our Bill of Rights which is ‘a most important part’ of our State Constitution.” State v. Tapply, 124 N.H. 318, 325, 470 A.2d 900, 904 (1983) (citation omitted).

We next address the defendant’s claim that his State and federal constitutional rights were violated after he asserted his right to counsel, under State v. Tapply, 124 N.H. 318, 470 A.2d 900 (1983), and that any statements made after he requested counsel should have been excluded from evidence at his trial.

Rather, he argues that the police officers lacked constitutional authority to hold him in custody, and thus any statements made to the police during that interview should have been suppressed.

Carpentier suggests that his situation was analogous to the one at issue in State v. Tapply, 124 N.H. 318, 470 A.2d 900 (1983).

This right is a “fundamental one which transcends the enforcement of the criminal law and should be liberally observed by those who have sworn to uphold the constitution, and no effort should be made to discourage the exercise of the right by our citizens.” State v. Tapply, 124 N.H. 318, 325, 470 A.2d 900, 904 (1983).

State v. Tapply, 124 N.H. 318, 325, 470 A.2d 900, 904 (1983) (right to counsel under State Constitution should be construed liberally.)

Wong Sun v. United States, 371 U.S. 471, 485 (1963); State v. Chaisson, 125 N.H. 810, 814-15, 486 A.2d 297, 301 (1984); State v. Tapply, 124 N.H. 318, 325, 470 A.2d 900, 905 (1983).

‘do not presume acquiescence in the loss of fundamental rights.’ A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938) (footnotes omitted); State v. Barham, 126 N.H. 631, 637, 495 A.2d 1269, 1273 (1985); see State v. Tapley, 124 N.H. 318, 322, 470 A.2d 900, 903 (1983).

An arrest, to be valid, must meet the requirement for reasonable searches and seizures of part I, article 19 of the New Hampshire Constitution.

Brewer v. Williams, 430 U.S. 387, 404 (1977); see State v. Tapply, 124 N.H. 318, 325, 470 A.2d 900, 904 (1983).

See, e.g., State v. Chaisson, 125 N.H. 810, 486 A.2d 297 (1984); State v. Tapply, 124 N.H. 318, 470 A.2d 900 (1983); State v. Palamia, 124 N.H. 333, 470 A.2d 906 (1983); State v. Birmingham, 122 N.H. 1169, 453 A.2d 1329 (1982).

Because the government had no authority to infringe upon the defendant’s constitutional right to be free from unreasonable seizures, any evidence obtained in violation of this right cannot be used at trial.

However, these procedural protections attach only after an individual has been taken into custody.