State v. Betts
194 Vt. 212
| Vt. | 2013Background
- Betts was charged with felony possession of crack cocaine after a vehicle stop in which he was a passenger.
- A confidential informant alleged White Steve (McCauley) and an unknown Black male possessed a large amount of crack; timing and specifics were unclear.
- A trooper observed McCauley’s white Ford Explorer and learned McCauley’s license was suspended; he tailed the vehicle for about 2 hours 45 minutes before stopping it.
- During the stop, the trooper warned that he would seize the individuals and the vehicle to obtain a warrant unless consent to search was given.
- Betts consented to a search only after being told they would be transported to the barracks for a strip search; evidence obtained outside the cruiser and Betts’s confession flowed from this sequence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of consent to transport for a strip search | State: consent was voluntary despite detention. | Betts: consent coerced by threat of arrest/detention. | Consent not voluntary; taint ensures suppression. |
| Probable cause to justify arrest or transport | State: informant tip plus stop could justify detention and search. | Betts: no probable cause or independent basis for arrest/transport. | Probable cause lacking; arrest/transport invalid. |
| Illegality tainting later evidence | State: evidence obtained with probable cause after consent is valid. | Illegality taints all subsequent evidence; no fruit-of-the-poisonous-tree exception. | Evidence tainted by illegality; suppressed. |
Key Cases Cited
- State v. Pitts, 2009 VT 51 (Vt 2009) (detention without reasonable suspicion taints subsequent consent)
- State v. Weisler, 2011 VT 96 (Vt 2011) (independent review of voluntariness of consent)
- Bumper v. North Carolina, 391 U.S. 543 (U.S. 1968) (consent cannot be coerced by threat of lawful authority)
- Jefferson, 650 F.2d 854 (6th Cir. 1981) (consent obtained under threat of detention not voluntary)
- Arrington, 2010 VT 87 (Vt 2010) ( Aguilar-Spinelli test for informant reliability and probable cause)
- McManis, 2010 VT 63 (Vt 2010) (informant reliability and corroboration requirements)
- Robinson, 2009 VT 1 (Vt 2009) (independent assessment of informant credibility required)
- Oakes, 157 Vt. 171 (Vt 1991) (state-law exclusion for illegally obtained evidence)
- Pitts, 186 Vt. 71 (Vt 2009) (fullness of detention analysis for probable cause)
- Hayes v. Florida, 470 U.S. 811 (U.S. 1985) (transport to police station without probable cause or consent violates Fourth Amendment)