Sep 18, 2014
Sep 4, 2014
Aug 28, 2014
Aug 21, 2014
Driver facing threat charges says vehicle wrongly searched
Michael Bontaintes, 20, of Derry is facing two counts of criminal threatening for allegedly accosting the female driver and a male passenger in her car after the crash last June 12. Defense lawyers want a judge to throw out drug evidence collected from Bontaintes' truck during the investigation of the crash, saying police needed a search warrant before going through the vehicle.
Derry police responded to the crash at about 10:30 p.m. But when they arrived at the traffic circle, Bontaintes wasn't there, according to court documents.
An officer found Bontaintes and his truck at a Fairway Drive residence and took him into custody a short time later, according to public defender Emily Sieber.
Sieber said in court papers that the officer then searched the truck - following a department policy to take an inventory of the vehicle - but never obtained a search warrant. Police found a knife, a digital scale, aluminum foil with burnt residue and two orange pills later identified as burenophine, according to court records. Bontaintes is arguing that seizing evidence from his truck without a search warrant violated his constitutional rights.
Prosecutors have objected to Bontaintes argument. A judge has scheduled a hearing on the matter for Feb. 21.
In additional to the criminal threatening charges, Bontaintes was also indicted for possession of a controlled drug, conduct after an accident and driving after revocation.
The criminal threatening charges are class B felonies, punishable by up to 3½ to 7 years in state prison. Bontaintes is scheduled for trial the week of March 11.
READER COMMENTS: 0
- Son used AK-47 to kill mother, then himself in Amherst home - 26
- Police arrest two following Portsmouth fight with hammer and knife - 0
- Mass. resident arrested on warrant tied to Pelham donation jar theft - 1
- Manchester SWAT team swoops in on South Mammoth Road home - 0
- Pot plants worth $25,000 seized in Wilmot - 0
- Lawyers for Manchester man challenge competency of suspect in 2001 Auburn murder - 0
- Two-car crash in Salem prompts arrest of both drivers - 0
- Keene man charged with assault on 2-year-old - 1
- Former Nashua alderman's witness tampering trial postponed - 0
READER COMMENTS: 0
- Kuster, Shea-Porter split on vote to arm Syrian rebels - 0
- Man arrested in White Park stabbing in Concord - 0
- Motorcyclist in serious condition at Maine hospital following crash on Route 125 in Rochester - 0
- Rochester 10-year-old, grandmother escape fire in home with no smoke detectors - 0
- Dean Kamen is a genius inventor, and he's pretty good at oratory, too - 3
- Tom Herzig's Trackside: Modified tour is shortened - 0
- Patriots Notebook: Pats wary of veteran playmaker Woodson - 0
- College Football: Expect offense when Richmond, UNH meet - 0
- Young fighters' dreams on display tonight at Fight to Educate - 0
Keene man charged with assault on 2-year-old
Two arrested, car and cash seized in SWAT raid, drug bust at South Mammoth Road home in Manchester
Another View -- Bill Duncan: What did the NH Supreme Court really say about private school funding?
Every vote counts: Here is the proof
Casino gambles: Hopes dashed all over
Mark Hayward's City Matters: Dean Kamen is a genius inventor, and he's pretty good at oratory, too
- Mass. Supreme Judicial Court has found upskirt photos taken on a subway aren't illegal. Should such voyeurism be a crime?
- Total Votes: 917