State v. Savva

The sole issue on appeal is the legality under Article 11 of the Vermont Constitution of a warrantless search for and seizure of marijuana in an automobile stopped for speeding. Because the contraband found in the car’s hatchback area should have been suppressed, we reverse defendant’s conviction for possession of more than two ounces of marijuana.

In the late afternoon of November 11,1985, a Vermont State Police trooper, Lionel Shapiro, spotted a speeding Subaru, pursued it, determined it was travelling at speeds of 80 to 85 miles per hour, and stopped it. Defendant was driving and his…