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STATE v. OAKES

No. 89-506.

598 A.2d 119 (1991)

STATE of Vermont v. Ralph O. OAKES.

Supreme Court of Vermont.

Dissenting Opinion of Justice Peck September 6, 1991.

Attorney(s) appearing for the Case

William Wright, Bennington County State's Atty., Bennington, and Thomas Kelly, Drug Atty., and Pamela Hall Johnson, Dept. of State's Atty., Montpelier, for plaintiff-appellee.

Charles S. Martin of Martin & Paolini, P.C., Barre, for defendant-appellant.

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

ALLEN, Chief Justice.

The issue presented on appeal to this Court is whether our state exclusionary rule for violations of Article 11 of the Vermont Constitution should be limited by the "good faith" exception articulated by the United States Supreme Court in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). We hold that it should not. Accordingly, the trial court's denial of defendant's suppression...

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