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State v. Marcello

Supreme Court of Vermont
Sep 19, 1991
157 Vt. 657 (Vt. 1991)

Summary

upholding the use of evidence obtained upon an investigative stop of a vehicle based upon another motorist's report, "there's something wrong with that man"

Summary of this case from Barret v. Commonwealth

Opinion

No. 90-125

September 19, 1991.

Appeal from District Court of Vermont, Unit No. 3, Orange Circuit.


Defendant appeals the denial of his motion to suppress evidence under the Fourth Amendment to the United States Constitution, and Chapter I, Article 11, of the Vermont Constitution, contending that a state trooper did not have reasonable suspicion to justify stopping defendant's vehicle. The trial court held that the trooper had probable cause to stop defendant. We disagree and hold that the trooper lacked probable cause or reasonable suspicion of criminal activity; however, the stop was justified on other grounds. Therefore, we affirm the trial court's denial of defendant's motion to suppress.

On October 16, 1989, a motorist driving north on Interstate 89 told a state trooper driving in the same direction to stop defendant's car, because "[t]here's something wrong with that man." The trooper stopped both motorists based on this information. The trooper later arrested defendant for violating 23 V.S.A. § 1201(a)(2), which prohibits operating a motor vehicle while under the influence of intoxicating liquor, after observing obvious signs of intoxication. Defendant entered a conditional guilty plea, reserving the right to appeal the denial of his motion to suppress the fruits of the stop. See V.R.Cr.P. 11.

Generally, the Fourth Amendment to the United States Constitution and Chapter I, Article 11, of the Vermont Constitution require that police officers have reasonable and articulable suspicion that someone is engaged in criminal activity, or is violating a motor vehicle law, before conducting an investigatory stop. Brown v. Texas, 443 U.S. 47, 51 (1979); Terry v. Ohio, 392 U.S. 1, 21 (1968); State v. Siergiey, 155 Vt. 78, 80-81, 582 A.2d 119, 120-21 (1990); State v. Emilo, 144 Vt. 477, 481, 479 A.2d 169, 171 (1984). Here, the trooper had no reasonable and articulable suspicion that defendant was committing a crime because she did not see him engage in any unusual behavior, or violate any motor vehicle law. Therefore, the trial court's ruling that the trooper had probable cause to stop defendant was clearly erroneous.

In some circumstances, however, police officers without reasonable suspicion of criminal activity are allowed to intrude on a person's privacy to carry out "community caretaking" functions to enhance public safety. Cady v. Dombrowski, 413 U.S. 433, 441 (1973); see also Crauthers v. State, 727 P.2d 9, 10-11 (Alaska 1986) (requests for assistance from the public fall within a law enforcement officer's "community caretaking function"). The key to such constitutionally permissible police action is reasonableness. Stopping defendant's vehicle was a reasonable police response in these circumstances because the police have an essential role as public servants to "assist those in distress and to maintain and foster public safety." State v. Pinkham, 565 A.2d 318, 319 (Me. 1989).

In addition, reasonable and articulable suspicion does not always involve suspicion of criminal activity, and safety reasons alone can be sufficient to justify a stop, but they must be based upon specific and articulable facts. Id. Here, the trooper had specific and articulable facts, namely a passing driver's "excited utterance" that another driver needed help. Under the circumstances, the information was sufficiently reliable to permit the trooper to make a public interest stop. The trooper did not know the nature of defendant's problem, which could have involved serious illness or physical injury. The most reasonable course of action under these circumstances was to immediately stop the vehicles to determine if assistance was needed.

Affirmed.


Summaries of

State v. Marcello

Supreme Court of Vermont
Sep 19, 1991
157 Vt. 657 (Vt. 1991)

upholding the use of evidence obtained upon an investigative stop of a vehicle based upon another motorist's report, "there's something wrong with that man"

Summary of this case from Barret v. Commonwealth

upholding stop of motorist following report of another that "[t]here's something wrong with that man"

Summary of this case from Barrett v. Commonwealth

affirming trial court's decision that officer was reasonable in his belief that defendant needed aid when another motorist informed officer that there was “something wrong” with defendant

Summary of this case from State v. Button

In Marcello, an officer directly received an "excited utterance" from a motorist informing the officer that there was "something wrong" with a person who was currently operating a motor vehicle on the highway.

Summary of this case from State v. Zarvis

In Marcello, a concerned motorist notified a state trooper that there was "something wrong" with another driver, leading the trooper to stop that driver and discover evidence of DUI.

Summary of this case from State v. Edwards

In State v. Marcello, 157 Vt. 657, 658, 599 A.2d 357, 358 (1991) (mem.), we recognized that in some circumstances the police may be justified in intruding upon a person's privacy — even absent reasonable suspicion of criminal activity — "to carry out `community caretaking' functions to enhance public safety."

Summary of this case from State v. Lizee

applying Cady and noting "essential role" of police in assisting persons in distress

Summary of this case from State v. Mountford

allowing officers to stop a vehicle without reasonable suspicion in some circumstances because police have essential role as public servants to "`assist those in distress and to maintain and foster public safety'"

Summary of this case from State v. Theetge
Case details for

State v. Marcello

Case Details

Full title:STATE of Vermont v. Richard MARCELLO

Court:Supreme Court of Vermont

Date published: Sep 19, 1991

Citations

157 Vt. 657 (Vt. 1991)
599 A.2d 357

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