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STATE v. NEIL

No. 07-100.

958 A.2d 1173 (2008)

2008 VT 79

STATE of Vermont v. Eric NEIL.

Supreme Court of Vermont.

June 13, 2008.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and John Treadwell, Assistant Attorney General, Montpelier, for Plaintiff-Appellant.

Matthew F. Valerio, Defender General, Anna Saxman, Deputy Defender General, and Frank Skiba, Law Clerk (on the Brief), Montpelier, for Defendant-Appellee.

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

¶ 1. REIBER, C.J.

In this interlocutory appeal pursuant to Rule 5 of the Vermont Rules of Appellate Procedure and 13 V.S.A. § 7403, the State appeals from a decision of the Caledonia County District Court suppressing cocaine found in the warrantless search of a pouch removed from defendant's pocket after he was placed under arrest pursuant to a warrant for failure to pay a $21 court fine. The State argues that the search was constitutionally permissible...

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