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157 Vt. 657

599 A.2d 357

State v. Marcello

Supreme Court of Vermont

Decided September 19, 1991

Supreme Court of Vermont · decided 1991-09-19

Key passage — most relied on by later courts

“In some circumstances ... 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.”

quoted by 3 later decisions, including State v. Burgess, State v. St. Martin

“"Nothing in the Fourth Amendment requires that the 'specific and articulable facts' relate to suspected criminal activity. ... If we were to insist upon suspicion of activity amounting to a criminal or civil infraction to meet the [Terry] standard, we would be overlooking the police officer's legitimate role as a public servant to assist those in distress and to maintain and foster public safety."”

quoted by 1 later decision, including State v. Lovegren

Relies on Terry v. Ohio · Brown v. Texas · Cady v. Dombrowski

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-19

How this case has been cited

Cited by 87 later decisions — most recently October 2021 · most notably United States v. King (1993), 136 Ohio App. 3d 46 - State v. Norman (1999)

2 federal appellate · 2 district · 83 state decisions — followed in 15 states

4401991200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 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.

¶2 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.

¶3 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 *658 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.

¶4 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 earetaking 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).

¶5 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.

¶6 Affirmed.

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