STATE v. KIRCHOFF

No. 87-603.

587 A.2d 988 (1991)

STATE of Vermont v. Robert KIRCHOFF.

Supreme Court of Vermont.

January 25, 1991.


Attorney(s) appearing for the Case

John Quinn, Addison County State's Atty., Middlebury, and Jo-Ann Gross, Legal Intern, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Walter M. Morris, Jr., Defender Gen., Henry Hinton, Appellate Defender, and David J. Williams, Sp. Defender for Drug Offenses, Montpelier, for defendant-appellant.

Before ALLEN, C.J., PECK, DOOLEY and MORSE, JJ., and SPRINGER, District Judge (Ret.), Specially Assigned.


MORSE, Justice.

The sole issue in this appeal from a conviction for cultivating marijuana is the legality under the Vermont Constitution of a warrantless search of defendant's posted land. We hold that this search violated Chapter I, Article 11, of the Vermont Constitution, and accordingly reverse.

In 1982, defendant purchased thirty-nine acres of land, consisting of woods, swamp, and meadows, in an isolated part...

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