State v. Chapman

Defendant was charged with driving while intoxicated, and a civil suspension proceeding was held pursuant to 23 V.S.A. § 1205. He appeals the denial of his motion to suppress all statements and evidence in his civil suspension proceeding, arguing that he was subjected to a de facto arrest without probable cause in violation of the United States and Vermont Constitutions. In' the alternative, he argues that the stop and detention were done without reasonable and articulable suspicion of wrongdoing, also in violation of his constitutional rights. We agree and reverse.

The following facts are…