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VT: Search of closed container incident to arrest requires exigent circumstances

By John Wesley Hall, Jr.

Vermont prohibits search of a closed container seized from the person during arrest without exigent circumstances under its state constitution. Defendant was arrested for failure to pay a $21 fine, and he was subject to imprisonment. During booking, officers removed a velco sealed pouch from his person and searched it, finding cocaine. Such searches may be valid under the Fourth Amendment but not the Vermont Constitution. State v. Neil, 2008 VT 79, 2008 Vt. LEXIS 79 (June 13, 2008): FN1. Vermont is not alone in its departure from federal precedent in this area. See, e.g., State v. Hardaway, 2001 MT 252, P 57, 36 P.3d 900 (the scope of a search incident to arrest must be commensurate with underlying purposes, and specific and articulable exigent circumstances are required); People v...continue to full post

Full post as published by Fourth Amendment on June 16, 2008 (boomark / email).