STATE v. HOLLIS

No. 92-462.

633 A.2d 1362 (1993)

STATE of Vermont v. Thomas HOLLIS.

Supreme Court of Vermont.

October 15, 1993.


Attorney(s) appearing for the Case

Karen R. Carroll, Windham County Deputy State's Atty., Brattleboro, for plaintiff-appellant.

E.M. Allen, Defender Gen., and William A. Nelson, Appellate Atty., Montpelier, for defendant-appellee.

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


MORSE, Justice.

The State appeals from an order suppressing contraband discarded by defendant at police barracks following a custodial arrest for possession of marijuana discovered during an unlawful search of his vehicle. The question we address is whether suppression of the discarded contraband was error considering that police had the authority to arrest, but did not arrest, defendant for driving with a suspended license (DLS). We affirm.

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