NHCaseLaw.com

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.