Nashua Man Wants Evidence Thrown Out in Baby Overdose Trial

NASHUA, N.H. - A Nashua man charged for his role in a drug overdose of a one-year-old child in his care, is arguing police conducted an unlawful search in a follow up investigation. According to the Union Leader, Charles Daye's attorney Elliot Friedman argued police had no probable cause when they entered his home following the overdose.

Friedman filed a motion seeking to suppress evidence seized from his apartment, which will be heard this week.

After the baby suffered a respiratory arrest on Sept. 1, 2017, and was being treated at an area hospital, police were dispatched to the child’s home on Elm Street to secure it as a possible crime scene.

Friedman claims in court documents that even as the police applied for a warrant, they did not have enough information to convince “a person of ordinary caution” that the apartment contained evidence of a crime.

Prosecutors argue that Nashua police conducted a lawful, warrantless search based on probable cause and exigent circumstances.

“Officers had probable cause to enter the defendant’s apartment. Under the totality of the circumstances, there was a sufficient factual basis for the officers to enter the defendant’s apartment not only to secure the potential crime scene, but also to find the source of the child’s serious medical condition … it was readily apparent that (Daye) was involved in the incident resulting in the child’s medical condition,” Michele Battaglia, assistant county attorney, writes in court documents.

Day was charged for a host of crimes stemming from the incident in 2017.

To read the full story, visit the Union Leader.

Courtesy Photo / Patch File / Nashua PD