NHCaseLaw.com

The defendant has filed three motions to suppress various statements he made to Boston and Manchester police officers. The State objects to all three motions. The Court held a hearing on the motions on June 30 and July 1, 2008, and heard the testimony of eight Boston police officers and two Manchester police officers. After considering the evidence, the parties' arguments and relevant legal precedent, the defendant's Motion to Suppress #1 is DENIED as to the background questions and GRANTED as to the defendant's confession to the Manchester police detectives; Motion to Suppress #2 is DENIED; and Motion to Suppress-#3 is MOOT in light of the defendant's confession being suppressed.

The defendant, Shawn Proulx, is charged with one count of possession of a controlled drug with the intent to sell. He moves to suppress evidence obtained from an allegedly unlawful search and seizure, The State objects. The Court held a hearing on this motion on March 10, 2008. The Court heard the testimony of Lieutenant Paul Poirier (`Lieutenant Poirier"), Officer Thomas Prentice (”Officer Prentice"), Detective Scott Park ("Detective Park"), Dispatcher James Connelly ("Dispatcher Connelly") of the Merrimack Police Department as well as Stephanie Hooper ("Hooper") from The Telegraph and the defendant. For the reasons set forth herein, the Motion to Suppress is GRANTED.

The defendant is charged with one count of Manufacture of a Controlled Drug and one count of Possession of LSD. He seeks to suppress statements he made to the New York State Police on July 20, 1999, claiming the police failed to secure a knowing, voluntary and intelligent waiver of his Miranda rights. In addition, he claims the statements he made were not the product of his rational intellect or free will, and thus were involuntary. As a result, he seeks to suppress evidence the police collected from his home in Rochester as fruits of the illegally obtained statements. For the reasons stated in this order, the defendant's motion is granted.

The defendant, Jason Fuller, is charged with conspiracy to commit burglary, theft by unauthorized taking and receiving stolen property. The charges all arise out of the defendant's alleged participation in the December 5, 2000 burglary of the residence of Chester Chmiola at 56 Grant Street, Manchester. Among the items taken in the burglary were a Baretta handgun and two (2) two- dollar bills. Presently before the court are the following pretrial motions filed by the defendant: (1) Motion to Dismiss (Doc. #4); (2) Motion to Suppress Statement (Doc. #5); and Motion to Suppress (Doc. #6). After reciting the pertinent facts, I address the motions in turn, concluding that the second motion must be granted while the first and third must be denied.

This order addresses defendant’s motions to suppress incriminating evidence and statements the State obtained from him pursuant to an allegedly illegal search and interrogation. The court held a hearing on these matters on March 26, 2002. After consideration of the parties’ arguments, the relevant law, and the evidence presented at hearing, the court GRANTS defendant’s motions.

The defendant, George Knickerbocker, Jr., also known as Nicky Robbins, is charged with one count of Second Degree Murder in connection with the death of a one-month-old infant, Adam Robbins, in February 1983. The defendant moves to dismiss the charge for lack of speedy indictment, and the State objects. The Court held an evidentiary hearing over three days on this matter, subsequent to which it directed the parties to file written legal arguments. Upon review of the parties’ arguments, the testimony and evidence submitted at the hearing, and the relevant law, the Court finds and rules as follows.

The defendants are each charged with one count of theft by receiving stolen property, one count of conspiracy to commit burglary, one count of conspiracy to commit theft, and two counts of cruelty to animals. The allegations arose in connection with the drowning of a miniature dachshund dog, which allegedly occurred in Portsmouth, New Hampshire on May 18, 2004. The defendants now move to suppress all evidence the police obtained after their vehicles were stopped at the Dairy Queen in Kittery, Maine, alleging that the police were prohibited from relying on information contained in certain emails to effectuate the stops. Specifically, they claim the emails were obtained in violation of the wiretap statute and thus, any evidence derived from the emails must be suppressed. The State objects. For the reasons stated in this order, the defendants’ motions are DENIED in part and GRANTED in part.

The defendant, Stephen Mann, is charged with one count of first degree murder for allegedly shooting his wife to death. Presently before the court is the defendant’s motion to suppress statements he made to Canadian police authorities on July 20, and 23, 2004. I conclude that the motion must be denied.