STATE v. WALKER-BRAZIE

No. 19-388.

280 A.3d 24 (2021)

2021 VT 75

STATE of Vermont v. Phillip WALKER-BRAZIE & Brandi-Lena Butterfield.

Supreme Court of Vermont.

September 24, 2021.


Attorney(s) appearing for the Case

David Tartter , Deputy State's Attorney, and Spencer Davenport , Law Clerk (On the Brief), Montpelier, for Plaintiff-Appellee.

James Diaz and Lia Ernst , ACLU Foundation of Vermont, Montpelier, for Defendants-Appellants.

Matthew Valerio , Defender General, and Dawn Seibert , Appellate Defender, Montpelier, for Amici Curiae Office of the Defender General and Vermont Association of Criminal Defense Lawyers.

Benjamin D. Battles , Solicitor General, Montpelier, for Amicus Curiae Attorney General Thomas J. Donovan, Jr.

Jared Kingsbury Carter , Assistant Professor of Law and Co-Director, Appellate Advocacy Project, Vermont Law School, South Royalton, for Amicus Curiae Migrant Justice.

PRESENT: Reiber, C.J., Robinson, Eaton, Carroll and Cohen, JJ.


¶ 1. In this interlocutory appeal, we must decide whether evidence seized by federal Border Patrol agents during a roving patrol—pursuant to their authority to conduct warrantless searches under 8 U.S.C. § 1357—is admissible in a state criminal proceeding when that search does not comply with Article 11 of the Vermont...

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