STATE v. SAVVA

No. 90-035.

616 A.2d 774 (1991)

STATE of Vermont v. Phillip SAVVA.

Supreme Court of Vermont.

On Motion for Reargument August 14, 1992.


Attorney(s) appearing for the Case

Dan M. Davis, Windham County State's Atty., and Karen R. Carroll, Deputy State's Atty. (on the brief), Brattleboro, for plaintiff-appellee.

E.M. Allen, Defender Gen., David Williams, Appellate Atty., and Robert Melvin, Law Clerk (on the brief), Montpelier, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


MORSE, Justice.

The sole issue on appeal is the legality under Article 11 of the Vermont Constitution of a warrantless search for and seizure of marijuana in an automobile stopped for speeding. Because the contraband found in the car's hatchback area should have been suppressed, we reverse defendant's conviction for possession of more than two ounces of marijuana.

In the late afternoon of November 11, 1985, a Vermont State Police trooper, Lionel Shapiro, spotted...

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