Former Prosecutor Robin Dunn set for March preliminary hearing on drug charges

Dunn was also charged with one felony count of possession of a controlled substance, which Jessica Clements, Public Relations Specialist for Idaho Falls Police Department stated was identified as Fentanyl.

In a sworn statement made by IFPD Officer Matthew Matherly, Dunn was found with two clear zip-lock baggies containing a combined amount of 60 “Dirty Thirty” pills which are known to contain fentanyl, crumpled aluminum foil which Matherly stated is commonly used to cook narcotics prior to ingesting, and a pill bottle containing 8 Xanax pills and 4 Alprazolam pills.

Matherly stated he also found Narcan, an opioid overdose treatment he recognized from his training. He stated training and experience has taught him narcotics users and dealers regularly keep Narcan in case of overdosing.

The statement said officers responded to a call approximately at 8:45 p.m., to Shari’s in Idaho Falls where someone had reported a female in the drivers seat of a parked car in the parking lot appeared to be under the influence of narcotics.

When officers arrived at the scene there were only two occupants in the vehicle, Dunn and a woman, later identified as one of Dunn’s current clients.

At the time, officers observed a “red straw with a burnt end” in the car, along with “an opened roll of aluminum foil.

“Based on my training and experience,” Matherly said in his statement, “straws are commonly used to smoke drugs and routinely show burn marks or melting when used in conjunction with a lighter.”

When a K-9 unit arrived on scene, the sworn statement reported the K-9 began conducting a free-air sniff around the vehicle. However, when he arrived to the front passenger door, Dunn opened the door.

“Being a defense attorney and former prosecutor in the state of Idaho,” Matherly said in his statement, “Dunn would have knowledge of case law and common practices regarding K-9 use.”

The statement further explained current Idaho case law does not allow a K-9 to cross the threshold of a vehicle in any way during a free-air sniff without invalidating the procedure.

According to the statement the K-9 handling officer was able to control the K-9 and complete the sniff without crossing the threshold of the vehicle. The k-9 indicated a positive presence of illegal drugs, after which officers conducted a search of Dunn’s person and the vehicle.

In the vehicle he reported officers found 2 clear zip-lock baggies and a butane lighter in addition to the burnt straw and the roll of aluminum foil.

The woman in the car with Dunn, whom The Jefferson Star will not name as she has not been arrested at this time, was not found to have any weapons or contraband on her person.

She has been identified as a current client of Dunn’s; he is her retained representation on two cases. One case is in Madison County from 2020 involving two misdemeanor charges for possession of illicit substances and use or possession of drug paraphernalia, according to court documents.

Her second active case, court documents show, is from 2018 in Bonneville County where she was charged with two felony counts of possession of a controlled substance along with three misdemeanor charges of possession, paraphernalia and providing false information.