State v. Eric K. Manning, 132 A.3d 716

At 1:01 p.m. on August 12, 2013, a uniformed officer in a marked cruiser parked in a Hannaford lot known for drug activity; he ran a registration check and learned Manning’s license was suspended.
The officer approached Manning’s vehicle, observed Manning shuffle something toward the car’s console, and saw a prescription bottle partially hidden between the seats.
Manning handed the bottle to the officer after he asked for identification and license, while his wallet contained an excess amount of cash and his hands shook.
The officer opened the bottle later and found cocaine; about ten minutes elapsed from first approach to opening the bottle.
Manning was escorted to sit on the hood; the officer conducted further questioning and obtained more information before arresting him and collecting additional evidence.
Manning moved to suppress the evidence and pre-Miranda statements as unlawful seizures and custodial interrogation; the trial court denied the motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Manning was lawfully seized and whether the stop could be expanded	State: reasonable suspicion supports exit and questioning	Manning: seizure exceeded the suspended-license investigation	Yes; reasonable suspicion supported exit and continued questioning
Whether consent to search the bottle was tainted by an unlawful seizure	State: consent valid because suspicion justified expansion	Manning: unlawful seizure tainted consent	Consent was voluntary; taint not shown
Whether Manning was subject to custodial interrogation requiring Miranda warnings	State: interrogation outside a cruiser in public place did not constitute custody	Manning: exit order and questioning amounted to custodial interrogation	Not custodial; Miranda warnings not required

State v. Lussier, 171 Vt. 19 (2000) (reasonable suspicion for a stop based on traffic violations)
State v. Sprague, 2003 VT 20 (2003) (limits on detention duration and scope; exit orders during stops)
State v. Cunningham, 2008 VT 43 (2008) (nervousness and background facts weighed; not alone sufficient for suspicion)
State v. Dunham, 2013 VT 15 (2013) (totality-of-the-circumstances for reasonable suspicion)
State v. Paro, 2012 VT 53 (2012) (lack of reasonable suspicion where vehicle idling near recent burglaries)
State v. Sullivan, 2013 VT 71 (2013) (custody factors to determine Miranda applicability)
State v. Muntean, 2010 VT 88 (2010) (factors for custody determination; freedom to leave key factor)
State v. Sole, 2009 VT 24 (2009) (location and openness of interrogation matter for custody)