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STATE v. BIRCHARD

No. 08-477.

5 A.3d 879 (2010)

2010 VT 57

STATE of Vermont v. Matthew BIRCHARD.

Supreme Court of Vermont.

June 24, 2010.

Attorney(s) appearing for the Case

William H. Sorrell , Attorney General, John Treadwell , Assistant Attorney General, and Andrew Delaney , Law Clerk, Montpelier, for Plaintiff-Appellee.

David Williams of Sleigh & Williams, St. Johnsbury, for Defendant-Appellant.

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

BURGESS, J.

¶ 1. The sole issue on appeal is whether, under Article 11 of the Vermont Constitution, evidence the court finds is illegally obtained must be suppressed at trial. Because the trial court correctly concluded the warrantless police search of defendant's closed backpack violated his expectation of privacy in the bag, the court should have suppressed the fruits of the illegal search, including the contraband seized...

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