State v. Barber

596 A.2d 337, 157 Vt. 228, 1990 Vt. LEXIS 269
CourtSupreme Court of Vermont
DecidedNovember 30, 1990
DocketNo. 88-246
StatusPublished
Cited by3 cases

This text of 596 A.2d 337 (State v. Barber) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Barber, 596 A.2d 337, 157 Vt. 228, 1990 Vt. LEXIS 269 (Vt. 1990).

Opinion

Dooley, J.

Defendant, Jeffrey Barber, appeals his conviction by the district court of driving with license suspended in violation of 23 V.S.A. § 674 and of leaving the scene of an accident in violation of 23 V.S.A. § 1128. We remand for further proceedings.

On December 3, 1987, the Burlington police received a call from a Burlington parking meter checker reporting a motor vehicle accident she observed at the corner of College and Church Streets in Burlington. A Burlington police officer responded and learned that two Shelburne police officers were following one of the vehicles. The two Shelburne police officers also witnessed the accident, and when the vehicle driven by defendant left the scene of the accident without stopping, gave chase in their unmarked vehicle with the blue lights activated. During the chase, defendant ran at least two stop lights before finally stopping at the corner of Park and Battery Streets. The Shelburne police went to defendant’s vehicle and ordered him out of it. The Burlington police officer arrived on the scene soon after the defendant emerged from the vehicle, and, after conferring with the Shelburne police officers, arrested him. Defendant was charged with driving with a suspended license and leaving the scene of an accident.

Defendant moved to dismiss the prosecutions on the ground that he was stopped and arrested by officers who were outside of their territorial jurisdiction. The trial court denied the motion because the formal arrest was made by the Burlington police officer. Defendant waived his right to a jury trial, and the court subsequently found him guilty of both offenses.

Defendant appeals, claiming that the trial court erred by refusing to dismiss these prosecutions because the State’s evidence was the fruit of an unlawful motor vehicle stop made by municipal police officers who were outside their jurisdiction. Defendant is correct that the Shelburne police officers were acting beyond their statutory authority when they stopped him in Burlington. We have held that local police officers may not detain and arrest a suspect without a warrant outside of their [230]*230territorial jurisdictions unless special circumstances are present.

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Related

State v. Spaulding
2014 VT 91 (Supreme Court of Vermont, 2014)

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Bluebook (online)
596 A.2d 337, 157 Vt. 228, 1990 Vt. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barber-vt-1990.