STATE v. SPRAGUE

No. 02-028.

824 A.2d 539 (2003)

2003 VT 20

STATE of Vermont v. Jonathan L. SPRAGUE.

Supreme Court of Vermont.

February 21, 2003.


Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and David Tartter, Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Matthew F. Valerio, Defender General, and Victoria Cherney, Appellate Attorney, Montpelier, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


¶ 1. SKOGLUND, J.

The questions we address in this appeal are whether a reasonable person in defendant's position would have felt free to refuse a state trooper's request that he exit his vehicle, and whether a police officer may automatically order a driver to exit a vehicle following a routine traffic stop. We hold that the record evidence here did not support a finding that defendant voluntarily exited his vehicle. We further hold that a police officer must...

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