State v. Kirchoff

The sole issue in this appeal from a conviction for cultivating marijuana is the legality under the Vermont Constitution of a warrantless search of defendant’s posted land. We hold that this search violated Chapter I, Article 11, of the Vermont Constitution, and accordingly reverse.

In 1982, defendant purchased thirty-nine acres of land, consisting of woods, swamp, and meadows, in an isolated part of Lincoln, Vermont. He put up several “no trespassing” signs where the road turned into his driveway and posted his land with signs that said, “POSTED Private Property. Hunting, Fishing, Trapping or…