State v. LeBlanc

540 A.2d 1037, 149 Vt. 141, 1987 Vt. LEXIS 616
CourtSupreme Court of Vermont
DecidedDecember 24, 1987
Docket85-206
StatusPublished
Cited by17 cases

This text of 540 A.2d 1037 (State v. LeBlanc) 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. LeBlanc, 540 A.2d 1037, 149 Vt. 141, 1987 Vt. LEXIS 616 (Vt. 1987).

Opinions

Allen, C.J.

Following a bench trial, defendant was convicted of two motor vehicle violations, operating a motor vehicle while his license to do so was suspended in violation of 23 V.S.A. § 674, and operating a motor vehicle on a highway while under the influence of intoxicating liquor in violation of 23 V.S.A. § 1201(a)(2). On appeal, defendant argues that his arrest by a Colchester police officer in Winooski for violations that occurred in Winooski was unlawful, because the arresting officer was outside his territorial jurisdiction at the time he observed the violations and made the arrest. We agree and reverse.

The following facts were presented by the State and stipulated to by counsel and defendant at his trial. An officer of the Colchester Police Department was traveling south on Route 7 in Winooski. He observed a motorcycle also traveling south in front of his police cruiser, weaving across the double centerline of the road. After following the motorcycle for approximately two blocks, the officer activated the blue lights on his cruiser and stopped the motorcycle. He noticed that the motorcycle had no rear registration plate. When asked to identify himself, defendant first gave a fictitious name, then identified himself as Andre LeBlanc. A motor vehicle check indicated his license [142]*142had been suspended. The officer detected a moderate odor of alcohol on defendant’s breath and observed that defendant’s eyes were bloodshot and watery. He requested another officer from the Colchester Police Department to assist him by having defendant perform some manual dexterity tests. Defendant refused. He was then arrested and returned to Colchester for processing. He was advised of his Miranda rights and waived them. Defendant said he had consumed approximately six beers in the past six hours. He submitted to a breath test, which indicated that the alcohol content of his blood was in excess of .10 percent.

Defendant moved to suppress all the evidence, including the breath test, obtained by the officers at the time of his stop and arrest, on the grounds that the officers did not have territorial jurisdiction to stop defendant or arrest him for driving while intoxicated. The court denied his motion, concluding that the officer “acted with full authority in stopping and arresting the defendant in the City of Winooski.”

Generally peace officers may arrest without a warrant only in their territorial jurisdictions unless the statutes otherwise provide, and, as we recently held, a constable has no power beyond that.of a private citizen outside the town where he or she was elected. State v. Hart, 149 Vt. 104, 106, 539 A.2d 551, 554 (1987).

This was the common law rule, Commonwealth v. Grise, 398 Mass. 247, 249, 496 N.E.2d 162, 163 (1986), and controls unless modified by statute or case law. 1 V.S.A. § 271; E.B. & A.C. Whiting Co. v. City of Burlington, 106 Vt. 446, 458, 175 A. 35, 41 (1934). The State argues that the territorial limitation on- the powers of peace officers has been modified by statutes and case law in Vermont. It relies on a motor vehicle statute, 23 V.S.A. § 1013, which provides: “Enforcement officers may make arrests for violations of this title . . . .” 23 V.S.A. § 4(11) defines enforcement officers to include “sheriffs, deputy sheriffs, constables, police officers, state’s attorneys, motor vehicle inspectors, state game wardens and state police . . . .” The State contends that these statutes grant municipal police officers the power to arrest for violations of Title 23 anywhere in the state. Thus, according to the State, a Colchester police officer has jurisdiction to arrest for traffic violations not only in Colchester, but statewide.

Such a departure from the common law rule of limited jurisdiction is not plainly expressed in the statute. A holding that the motor vehicle statute grants law enforcement officers power to arrest for violations only within their own jurisdictions is more con[143]*143sistent with the common law. “The common law is changed by statute only if the statute overturns the common law in clear or unambiguous language, or if the statute is clearly inconsistent with the common law, or the statute attempts to cover the entire subject matter.” Langle v. Kurkul, 146 Vt. 513, 516, 510 A.2d 1301, 1303 (1986) (citation omitted). None of the indicators of change is present here. We decline to infer an expansion of the common law rule on officers’ power to make warrantless arrests, in the absence of explicit statutory language.

The State argues from In re Huard, 125 Vt. 189, 191-92, 212 A.2d 640, 642-43 (1965), which assumes that sheriffs have statewide jurisdiction for making arrests. Since police officers within the state have the same power as sheriffs in criminal matters under 24 V.S.A. § 1935, the State concludes that municipal police officers also have statewide power to make arrests. Huard involved an arrest without warrant in Chittenden County by a Washington County deputy sheriff, for an offense committed in Washington County. The Court determined that the deputy had probable cause to believe the petitioner had committed a felony. It concluded, without discussion or citation to any authority, that since the deputy had the same authority as the sheriff, he had statewide jurisdiction to make the arrest. Id. The authority of a sheriff to arrest outside of his jurisdiction was assumed, not decided, and the statement, as well as a similar statement in State v. Bushey, 148 Vt. 197, 200, 531 A.2d 902, 905 (1987), can only be regarded as mere dictum. This dictum is erroneous, and we decline to follow it. We adhere instead to the common law rule limiting the arrest power of peace officers to their own jurisdictions.

We noted in Hart, 149 Vt. at 106 n.1, 539 A.2d at 553 n.1, that the Criminal Rules allow law enforcement officers, including sheriffs, constables and municipal police officers, to arrest without a warrant for crimes committed in their presence. V.R.Cr.P. 3(a), 54(c)(6). We concluded that the rules did not extend the arrest power of constables beyond the town where they were elected, finding that while this Court may promulgate rules, it does not have the authority to abridge the substantive right of Vermonters to be free from unlawful stops and seizures of their persons, provided by Chapter I, Article 11 of the Vermont Constitution. Id.

The State next argues that even if Huard was wrongly decided the legislature has shown its intent to rely on and expand its assumption that sheriffs have statewide authority to arrest by amending 24 V.S.A. § 1935 to give police officers the same powers [144]*144as sheriffs. In the State’s view, the amendment was made to give municipal police the power to arrest statewide. It argues that we must presume the amendment to the statute was made in light of Huard, citing State v. Anair, 123 Vt. 80, 81, 181 A.2d 61, 62-63 (1962). Anair involved legislation on precisely the issue decided in a previous case before this Court.

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State v. LeBlanc
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Bluebook (online)
540 A.2d 1037, 149 Vt. 141, 1987 Vt. LEXIS 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leblanc-vt-1987.