STATE v. WEISLER

Nos. 10-040, 10-067.

35 A.3d 970 (2011)

2011 VT 96

STATE of Vermont v. Michael WEISLER. State of Vermont v. Raymond King.

Supreme Court of Vermont.

September 16, 2011.


Attorney(s) appearing for the Case

David W. Gartenstein , Windham County Deputy State's Attorney, Brattleboro, for Plaintiff-Appellee.

William A. Nelson , Middlebury, for Defendant-Appellant King, and Allison N. Fulcher of Martin & Associates, Barre, for Defendant-Appellant Weisler.

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


BURGESS, J.

¶ 1. Defendants in these consolidated appeals contend the trial court erred in denying a motion to suppress evidence seized from a vehicle in which they were passengers. The trial court found that the vehicle's owner voluntarily consented to the search. Defendants contend: (1) the finding of voluntariness must be reviewed de novo on appeal; (2) the consent to search was not voluntary; and (3) the consent was tainted by the owner's unlawful de facto...

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