Legal Opinion
State v. Birchard
Supreme Court of Vermont
Decided June 24, 2010No. 2008-477PublishedCited by 6 opinions
1Opinion of the CourtBurgess, J.
¶ 1. The sole issue on appeal is whether, under Article 11 of the Vermont Constitution, evidence the court finds is illegally obtained must be suppressed at trial. Because the trial court correctly concluded the warrantless police search of defendant’s closed backpack violated his expectation of privacy in the bag, the court should have suppressed the fruits of the illegal search, including the contraband seized and identified as the basis for the charge. Accordingly, we reverse.
¶ 2. On December 13, 2006, United States Border Patrol agents stopped Kirk Thornton as he tried to enter the United…
2Cases cited33 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Nix v. WilliamsSupreme Court of the United States · 1984
- Horton v. CaliforniaSupreme Court of the United States · 1990
- Illinois v. AndreasSupreme Court of the United States · 1983
- State v. OwensOregon Supreme Court · 1986
28 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Appeal of Application for Search WarrantSupreme Court of Vermont · 2012
- State v. Matthew WebsterSupreme Court of Vermont · 2017
- State v. MedinaSupreme Court of Vermont · 2014
- State v. David WisowatySupreme Court of Vermont · 2015
- State v. Phillip Walker-Brazie & Brandi-Lena ButterfieldSupreme Court of Vermont · 2021
1 more not listed; retrieve them via the Exa API.