State v. Sutphin

I concur in the result, but on different grounds. The critical factor for me is that there was no stop by the officer in this case. It is undisputed that defendant pulled off the road and came to a complete stop before the officer pulled up behind her. Thus, we must distinguish this case from those like State v. Emilo, 144 Vt. 477, 481, 479 A.2d 169, 171 (1984), where a police officer used flashing blue lights in order to stop a vehicle. I think it is clear that the degree of restraint on defendant was significantly less than if there had been a stop. See, e.g., People v. Murray, 137 Ill. 2d…