NHCaseLaw.com

The defendant, William Wood, is charged with two (2) counts of possession of a controlled drug with intent to sell and two (2) counts of possession of a controlled drug. Presently before the court is the defendant’s motion to suppress evidence obtained from the search and seizure which forms the basis for the charges. I conclude that the motion must be granted.

The defendant, Patrick O’Neill, stands charged with two counts of possession of cocaine. See RSA 318-B:2; RSA 318-B:26(I)(c)(1). He moves the court to suppress evidence the police obtained during a search of his vehicle on August 19, 2006, arguing that the traffic stop leading to the search was illegal from the outset. In addition, the defendant argues that even assuming the legality of the initial traffic stop, the police improperly expanded the investigative scope of that stop, thereby tainting his subsequent consent to a search. The court held a hearing on this matter on April 2, 2007. After considering the evidence, arguments of counsel, and the applicable law, the defendant’s motion is GRANTED for reasons stated in this order.