State v. Cunningham

¶ 1. Defendant John Cunningham appeals from a district court order denying his motion to suppress certain evidence obtained after two traffic stops in May of 2005. He argues that the actions taken by the police on both days violated his state and federal constitutional rights. We conclude that both days’ events offend the Vermont Constitution. The district court’s order denying the motion to suppress is reversed, and the case is remanded for further proceedings consistent with the views expressed herein.

I. Facts

a. May 5, 2005

¶ 2. The facts of the first traffic stop are undisputed. Defendant…