Court Cases: Frigon V. United States

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NOW COMES the State of New Hampshire, by and through the Office of the Rockingham County Attorney, and states as follows:

1. The defendant is charged with one count of Possession of a Controlled Drug with Intent to Sell [Principle/Accomplice] and one count of Possession of a Controlled Drug.
2. On June 2, 2016 the State received the defendant’s Motion to Suppress.
3. Defendant’s Motion to Suppress argues that the detention and search of the defendant and his vehicle violated Part 1, Articles 15 and 19 of the New Hampshire Constitution and the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, and therefore all evidence should be suppressed and the charges against the defendant dismissed.
4. The State objects and
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Trooper Frigon then conducted a search of Coyle’s person incident to his arrest. Trooper Frigon located a small zip-locked bag containing a powdery residue in Coyle’s front pocket. Based on Trooper Frigon’s training as a Drug Recognition Expert and his extension interviews with drug users, he has learned that this “dime baggie” sized zip-locked bag was consistent with the manner in which illicit drugs are commonly packaged and distributed. Trooper Frigon also observed that the residue was consistent with the appearance of illicit substances. Coyle asserted that while the item looked like drugs, it was actually residual heartburn medication.
20. Trooper Frigon field Mirandized Coyle inside of the police cruiser and Coyle indicated he understood and waived his rights. Trooper Frigon explained his concern regarding the residue. Coyle again said it was heartburn medication. Trooper Frigon asked if the medication was prescribed or over the counter and the Coyle answered it was over the counter medication. Trooper Frigon asked what color the medication was, to which Coyle said that the pills were pink. Trooper Frigon noted that the substance in the bag was not pink in color. Coyle said that the substance was not
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Trooper Frigon then suspended the search and had the vehicle towed pending a search warrant. The defendant was taken into custody. Both the defendant and Coyle were transported to the Greenland Police Department.
30. Trooper Frigon then asked Coyle if he would be willing to discuss the evidence found in the vehicle. Coyle was Mirandized once again before speaking with Trooper Frigon in the police station and completed a DSSP 105 Miranda Statement Form indicating he understood his rights.
31. Coyle admitted that he routinely consumed Oxycodone at least three times a week. When asked if he reached within the rear compartment of the vehicle prior to the stop, Coyle stated he could not remember. When asked if he put anything in the white backpack on the front passenger side floor, Coyle stated, “Um…I cannot speak to that.” When shown the black pouch that contained the Oxycodone pills, Coyle said, “to my knowledge? No that is not mine.” When confronted with information that the defendant told Trooper Frigon that Coyle put items in the front seat backpack, Coyle said, “I can’t talk to that…I don’t

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