State v. Button
195 Vt. 65
Vt.2013Background
- Officer followed defendant on a remote, back-country road late at night after observing no traffic violations or distress.
- Defendant pulled over to the right side with engine and lights on; the position posed no danger to traffic.
- Trooper parked behind and waited about 30 seconds before activating blue lights to check on defendant.
- Officer later arrest(object)ed defendant for DUI after speaking with him and observing additional indicators.
- Defendant moved to suppress, arguing the stop was not justified by community caretaking; trial court denied suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stop justified by community caretaking doctrine | State: caretaking justified by potential distress | Button: no distress indication; not justified | Not justified; reversed |
Key Cases Cited
- State v. Burgess, 163 Vt. 259 (Vt. 1995) (limits of caretaking stops; need distress indicators)
- State v. Marcello, 157 Vt. 657 (Vt. 1991) (caretaking requires specific, articulable facts of distress)
- State v. Edwards, 183 Vt. 584 (Vt. 2008) (recognizes caretaking as permissible when distress evident)
- State v. Jestice, 2004 VT 65 (Vt. 2004) (limited caretaking where no distress shown)
- State v. Campbell, 173 Vt. 575 (Vt. 2001) (emergency/need for aid signals justify seizure)