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: 1
- Police release photos from alleged hotel robbery - 0
- Nashua driver charged after crashing car 25 minutes after getting 92-mph speeding ticket - 1
- Chester deputy fire chief jailed for allegedly violating restraining order - 2
- Manchester police release photos of men they believe robbed mother, daughters at local Holiday Inn - 0
- Son says shooting of mom during DEA raid was a mistake - 28
- Dalton man sentenced for assaulting inmate - 0
- Hampstead man accused of sex assaults on girl - 0
- Police say man kills daughter, 6 grandchildren in Fla. murder-suicide - 3
- 2 men arrested in Manchester SWAT raid, drug bust - 5
READER COMMENTS: 0
- Vailas rallies UNH football to 29-26 win over Richmond - 0
- Dave D'Onofrio's Patriots Notebook: Raiders should be tucked away early - 0
- St. Anselm football wins home opener, goes to 3-0 - 0
- SNHU golfer Nutter earns weekly honor - 0
- Dover's Helliwell wins ACT Invitational - 0
- Concord, Pinkerton, Coe-Brown runners win - 0
- Nashua South gets on track by beating Merrimack - 0
- Pinkerton stuffs Salem late, holds on - 0
- Dartmouth football wins opener over Central Conn., 35-25 - 0
NH's future: Dean Kamen highlights a problem
- Mass. Supreme Judicial Court has found upskirt photos taken on a subway aren't illegal. Should such voyeurism be a crime?
- Total Votes: 917