State v. Nichole L. Dubaniewicz

¶ 1. Defendant, Nichole Dubaniewicz, appeals her conviction for one count of possession of one gram or more of heroin, under 18 V.S.A. § 4233(a)(3). We find that the trial court erred in denying defendant's motion to suppress, and therefore we reverse.

¶ 2. Based on the evidence developed at the hearing on defendant's motion to suppress and to dismiss, the following series of events was detailed. On December 4, 2015, a Vermont State Police Detective Sergeant was driving northbound on I-91 in his unmarked cruiser in the Town of Guilford when he clocked a car driving southbound on the interstate…