State v. Record

548 A.2d 422, 150 Vt. 84, 1988 Vt. LEXIS 100
CourtSupreme Court of Vermont
DecidedJune 10, 1988
Docket86-041
StatusPublished
Cited by51 cases

This text of 548 A.2d 422 (State v. Record) 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. Record, 548 A.2d 422, 150 Vt. 84, 1988 Vt. LEXIS 100 (Vt. 1988).

Opinions

Peck, J.

This is an interlocutory appeal from a denial of defendant’s pretrial motion to suppress all evidence of intoxication obtained at a motor vehicle roadblock checkpoint in Springfield, Vermont. The roadblock was established by the Springfield Police Department during the evening of July 18, 1985. The sole question presented for our consideration is whether Chapter I, Article Eleven of the Vermont Constitution was violated by the warrant-less stop at the checkpoint which, had been established for the purpose of detecting and deterring drivers operating under the influence of intoxicating liquor (DUI). We hold that under the facts of this case the district court’s ruling denying the motion to suppress was proper; accordingly, we affirm.

On July 18, 1985, the Springfield Police Department established a roadblock in connection with project S.T.A.R.T. (Stop Threats of Alcohol Related Tragedies). It was designed and con[85]*85ducted pursuant to policy guidelines to curb officer discretion, ensure public safety, and minimize the length and degree of intrusion in accordance with this Court’s directive in State v. Martin, 145 Vt. 562, 571, 496 A.2d 442, 448 (1985).

Defendant concedes that, given the facts here, the stop at issue is constitutional under this Court’s interpretation of the Fourth Amendment to the United States Constitution. See id. at 568, 496 A.2d at 446. He contends, however, that Chapter I, Article Eleven of the Vermont Constitution affords individuals more protection than its federal counterpart, and urges us to hold sobriety checkpoints unconstitutional under the Vermont Constitution. Defendant’s argument can be simply stated. He contends that in the absence of particularized suspicion, warrantless searches are proscribed by Article Eleven unless such searches can be characterized as the least intrusive means of advancing a compelling state interest.

The defendant first points to the language of the Vermont Constitution. He notes that while the Fourth Amendment of the United States Constitution prohibits “unreasonable” searches and seizures without a warrant, the word “unreasonable” does not appear in Article Eleven, which reads in part: “[T]he people have a right to hold themselves, their houses, papers, and possessions, free from search or seizure . . . .” Vt. Const, ch. 1, art. 11.

Regardless of this difference, this Court has held that the word “unreasonable” is as implicit in Article Eleven as it is express in the Fourth Amendment. In an early case, Lincoln v. Smith, 27 Vt. 328, 346 (1855), this Court stated: “the construction of the eleventh article of our bill of rights is to secure only against unreasonable searches and seizures . . . .” (emphasis added); we recently approved this interpretation in State v. Badger, 141 Vt. 430, 454, 450 A.2d 336, 350 (1982). Therefore, Article Eleven does not mandate an absolute prohibition against searches and seizures undertaken without a proper warrant.

The primary evil sought to be avoided by Article Eleven was the issuance and enforcement of general warrants. See Lincoln, 27 Vt. at 346; E. Fisher, Search and Seizure 627 (1970). Defendant contends that roadblock checkpoints exhibit many of the same characteristics as general warrants, and are therefore prohibited. As Justice Bennett explained in Lincoln, the general warrant was abhorrent “because it was not fit that it should be left to the officer to judge of the ground of suspicion; but that this belonged to [86]*86the magistrate . . . .” Lincoln, 27 Vt. at 350. In this case, the police conducted the roadblocks pursuant to written, objective police policies based on clear judicial guidelines which effectively circumscribed officer discretion, and effectively avoided the evil sought to be prevented by the prohibition of general warrants.

Roadblocks, like general warrants, involve searches and seizures of individuals without particularized suspicion. Article Eleven generally requires particularized suspicion to justify a search or seizure of an individual; however, it has been historically recognized that use of generalized suspicion is sometimes justified. See Lincoln, 27 Vt. at 350.2

In the present case the seizures were justified. The sobriety checkpoint enabled the police to apprehend intoxicated drivers who may have otherwise posed a serious threat to society. In addition, the written police guidelines prevented arbitrary police conduct, and the scope of the roadblock was narrowly drawn. The police guidelines required that the police act with restraint, and the stop was carried out for the limited purpose of apprehending drunk drivers. See Opinion of Justices, 128 N.H. 14, 16-17, 509 A.2d 744, 745-46 (1986) (checkpoints constitutional under state constitution); State v. Kirk, 202 N.J. Super. 28, 56-58, 493 A.2d 1271, 1287-88 (1985) (roadblocks may be constitutional under New Jersey Constitution if properly done).

Article Eleven of the Vermont Constitution is similar in purpose and effect to the Fourth Amendment of the United States Constitution. However, this Court, as the final arbiter of this state’s constitution, is free “to interpret the precise meaning of our own constitutional equivalent so long as no federal proscriptions are transgressed.” In re E.T.C., 141 Vt. 375, 378, 449 A.2d 937, 939 (1982). While the balancing test employed under the Fourth Amendment is not compelled by the language of Article Eleven, in view of Article One it is nevertheless in keeping with its spirit.

The language of Article Eleven seems to prohibit unequivocally warrantless searches and seizures; however, Article One sets forth the principle that all persons have the right to enjoy “certain natural, inherent, and unalienable rights, amongst which are the en[87]*87joying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety . . . Vt. Const, ch. I, art. 1. We recognize that in order to preserve Article One interests the government may properly exercise its “ ‘inherent power to limit in a very minor way the mobility of some of its citizens.’ ” See State v. Alexander, 22 Ohio Misc. 2d 34, 40, 489 N.E.2d 1093, 1097 (1985) (quoting People v. Torres, 125 Misc. 2d 78, 478 N.Y.S.2d 771, 775 (Crim. Ct. 1984)). In the past, this Court has balanced and limited the Article Eleven interest to be free from warrantless arrest where the public welfare is at stake. See In re Powers, 25 Vt. 261, 266 (1853) (Article Eleven “has never been supposed to prohibit arrests by private persons, or without warrant, in that class of cases where delay would be perilous.”).

Under the Fourth Amendment, the constitutionality of a DUI roadblock will “depend upon the reasonableness of the seizure, determined by weighing the public interest in the seizure against the degree of intrusion into personal privacy occasioned by the particular DUI roadblock.” Martin, 145 Vt. at 568, 496 A.2d at 446. The reasonableness of the seizure depends “on a balance between the public interest and the individual’s right to personal security free from arbitrary interference by law officers.” Brown v. Texas, 443 U.S. 47, 50 (1979).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Devan Calabrese
2021 VT 76 (Supreme Court of Vermont, 2021)
State v. Amy Koenig
2016 VT 65 (Supreme Court of Vermont, 2016)
State v. Hurley
2015 VT 46 (Supreme Court of Vermont, 2015)
State v. Medina
2014 VT 69 (Supreme Court of Vermont, 2014)
State v. Martin
2008 VT 53 (Supreme Court of Vermont, 2008)
State v. Williams
2007 VT 85 (Supreme Court of Vermont, 2007)
State v. Bauder
2007 VT 16 (Supreme Court of Vermont, 2007)
Sublett v. State
815 N.E.2d 1031 (Indiana Court of Appeals, 2004)
Hutchins v. Peterson
Vermont Superior Court, 2004
King v. Gorczyk
2003 VT 34 (Supreme Court of Vermont, 2003)
State v. Sprague
2003 VT 20 (Supreme Court of Vermont, 2003)
State v. Wuerslin
816 A.2d 445 (Supreme Court of Vermont, 2002)
State v. Gerschoffer
763 N.E.2d 960 (Indiana Supreme Court, 2002)
State v. Pierce
787 A.2d 1284 (Supreme Court of Vermont, 2001)
Commonwealth v. Yastrop
768 A.2d 318 (Supreme Court of Pennsylvania, 2001)
State v. Lussier
757 A.2d 1017 (Supreme Court of Vermont, 2000)
State v. Burgess
657 A.2d 202 (Supreme Court of Vermont, 1995)
Benning v. State
641 A.2d 757 (Supreme Court of Vermont, 1994)
State v. Lockwood
632 A.2d 655 (Supreme Court of Vermont, 1993)
State v. Roberts
631 A.2d 835 (Supreme Court of Vermont, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
548 A.2d 422, 150 Vt. 84, 1988 Vt. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-record-vt-1988.