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SPRAGUE v. NALLY

No. 03-489.

882 A.2d 1164 (2005)

2005 VT 85

Jonathan and Charlene SPRAGUE v. Matthew NALLY and Harvey Burns.

Supreme Court of Vermont.

July 22, 2005.

Attorney(s) appearing for the Case

W.E. Whittington of Whittington Law Associates, P.L.L.C., Hanover, NH, for Plaintiffs-Appellants.

William H. Sorrell, Attorney General, and Eve Jacobs-Carnahan, Assistant Attorney General, Montpelier, for Defendants-Appellees.

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

¶ 1. REIBER, J.

In State v. Sprague, 2003 VT 20, ¶ 1, 175 Vt. 123, 824 A.2d 539, we held as a matter of state constitutional law that law enforcement officers must have a reasonable basis to believe that their safety or the safety of others is at risk, or that a crime has been committed, before ordering the driver to exit a lawfully stopped vehicle. We further held that the officer in that case lacked a reasonable...

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