Aрpellant State of Vermont, by interlocutory appeal, seeks reversal of a pretrial order suppressing evidence obtained from defendant’s automobile, which had been seized without a warrant pursuant to a murder investigation. We reverse and remand the case to the trial court for further proceedings.
I.
In February of 1987, the Vermоnt state police became involved in the investigation of a homicide when the New Hampshire state police, who had found an unidentified body in a rest area in that state, linked the victim to a residence in Vermont. Based on information supplied by two informants, the police suspected that defendant and another individual had committed the homicide. On March 16, 1987, the two suspects, having learned of police suspicions, left Vermont and headed for New York. The police searched defendant’s room that same day with the consent of his landlord, and on the three subsequent days pursuant to two warrants. The second warrant, issued on March 19, was partly predicated on new informatiоn provided by another informant, who, after previous denials, confessed that he himself had acted as a lookout while defendant and another individual committed the crime.
On that same day, an arrest warrant was issued for defendant and the other suspect, and the Vermont police sent out a teletype to other jurisdictions, including Massachusetts, requesting that authorities arrest the suspects and hold their vehicle. No warrant was issued for the search or seizure of the vehicle. *182 Having been informed that defendant’s car may have been left in Greenfield, Massachusetts, the Vermont police telephoned the Massachusetts state police on March 20 and asked them to look for the car there.
The Massachusetts police located the car legally parked in a large parking lot in an open mall and seized the vehicle without searching it and without knowing whether Vermont had a warrant to seize it. Relying on the fact that Massachusetts law permitted them to seize a vehicle without a warrant if there were prоbable cause that it was connected to a homicide, the police seized defendant’s car based solely on the assertion by the Vermont police that it could contain evidence of a homicide. The car was transported to Brattleboro, where, on March 24, the Vermont police obtained a search warrаnt and then proceeded to search the car for the first time. Meanwhile, also on March 24, the two suspects were arrested in New York City.
Defendant was arraigned on April 14, 1987 on a charge of first-degree murder. On December 28, 1988, after an evidentiary hearing on pretrial motions, the district court granted defendant’s motion to suppress evidence seized from the car. The court concluded that a warrantless seizure of an automobile required both probable cause and exigent circumstances, and that exigent circumstances were not present in the instant case; accordingly, the court ordered that all evidence obtained from the subsequent search be supprеssed as “tainted fruit of the poisonous tree.” The State appeals from this order, claiming that (1) the warrantless seizure of the car was valid because the defendant had abandoned the car, (2) the warrantless seizure was proper under the “automobile exception,” and (3) the search of the car pursuant to warrant was valid beсause the warrant was based on information wholly independent of any evidence that might have been illegally seized. >,
We conclude that, although the evidence does not support a finding of abandonment, the warrantless seizure and subsequent authorized search of defendant’s car were proper under both the United States and the Vermоnt Constitutions; accordingly, evidence obtained as a result thereof is admissible at defendant’s trial.
*183 II.
Chapter I, Article 11 of the Vermont Constitution provides:
That the people have a right to hold themselves, their houses, papers, and possessions, free from search or seizure; and therefore warrants, without oath or affirmation first made, affording sufficient foundation for them, and whereby by any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his, her or their property, not particularly described, are contrary to that right, and ought not to be granted.
Although Article 11 generally requires that a warrant be obtained before an official search or sеizure, “it does not contemplate an absolute prohibition on warrantless searches and seizures.”
State v. Jewett,
We have yet to consider the “automobile exception” to the warrant requirement under Article 11 of the Vermont Constitution. Our previous decisions addressing the “automobile exception” under the Fоurth Amendment were based on prior federal precedent and insisted on the presence of probable cause and exigent circumstances. See
State v. Girouard,
Recent federal case law, however, has emphasized that, in addition to the ready mobility factor, a second justification for the automobile exception arises from the reduсed expectation of privacy that attaches to motor vehicles due to their pervasive regulation. See
California v. Carney,
In interpreting the Vermont Constitution, however, we may, rather than follow federal preсedent, restrict police conduct to a greater extent than does case law pursuant to the United States Constitution. See
State v. Badger,
A.
We must first determine whether there was probable cause for the warrantless seizure of defendant’s car and its post-sei *185 zure search pursuant to search warrant. We note at the outset that information leading to the issuance of the search warrant was the same information relied upon by the police in seizing defendant’s car and was obtained from sources independent of evidence gathered as a result of the seizure.
Defendant contends that both the seizure of his car and its subsequent search were invalid because neither was based on probable cause. Defendant further contends that the Vermont police intentionally omitted information from the affidavit upon which the seаrch warrant was based that, if added, would have precluded issuance of the warrant by a neutral magistrate. Although the trial court did not specifically address the issue of whether the search warrant was founded on probable cause, the court did determine that, based on the information obtained from the Vermont police, ample probable cause existed for the Massachusetts police to seize the car. We conclude that the information relied upon by the police in seizing the car and set forth in the affidavit in support of the search warrant constituted probable cause for the police to seize the car and for a detached magistrate to issue the warrant to search the car.
Defendant first claims that probable cause did not exist because there was no showing that the informant on whom the police relied was credible and because the basis of the informant’s knowledge regarding defendant’s car was unsupported. We disagree. In order to support the issuance оf a search warrant, probable cause must be “based upon substantial evidence, which may be hearsay in whole or part, provided there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished.” V.R.Cr.P. 41(c). In
State v. Ballou,
The instant case is similar in several respects. In the March 24 affidavit, an officer with the Vermont state police averred that a probable murder victim, whose body was found in New Hampshire, had been living in Vermont at the time of his death, that two separate, named informants had linked defendant to the crime, and that a third informant who had admitted to participating in the crime had stated that the murder victim and his personal belongings were transported in defendant’s car. As in
Ballou,
more than one informant linked defendant to thе crime. Although only one of the informants directly linked evidence of the murder with defendant’s car, the fact .that the body had been transported to another state and that the informant admitted to participating in the crime constitute sufficient indicia of truthfulness for a detached magistrate to conclude that evidence of a crime would more likely than not be found in defendant’s car.
*
See
id.;
see also
State v. Brown,
Next, defendant claims that the police affidavit intentionally omitted the fact that the third informant, who linked evidence of the crime with defendant’s car, twice denied any
*187
knowledge of the crime and eventually implicated himself in the murder. This argument has little merit. First, defendant’s contention that the information was intentionally omitted is mere speculation. More importantly, the fact that the informant denied involvement in the crime, but then confessed, particularly in light of the information previously gathered by the police, could be construed as a further indication of truthfulness. See
State v. Ballou,
B.
Having determined that the police had probable cause to seize defendant’s vehicle, we must next determine whether the wаrrantless seizure of the vehicle under the circumstances of this case violated Article 11. We note initially that the Vermont state police did not learn that defendant’s car might contain evidence of a murder until March 19, 1987, the same day they notified police in Greenfield, Massachusetts to be on the lookout for the car and the day before the car was located and seized. The previous day, March 18, the Vermont police first learned that defendant's car might have been left in Greenfield, but they were not certain of that fact or the exact location of the car. Therefore, it was reasonable for them to delay obtaining a warrant pending further investigation. As thе United States Supreme Court has stated:
[W]e know of no case or principle that suggests that... the reasonableness of seizing a car under exigent circumstances [is] foreclosed if a warrant was not obtained at the first practicable moment____The exigency may arise at any time, and the fact that the police might have obtained а warrant earlier does not negate the possibility of a current situation’s necessitating prompt police action.
Cardwell v. Lewis,
*188
Upon locating defendant’s vehicle on March 20, Massachusetts police seized the vehicle and had it transported to Massachusetts state police barracks. At the time the vehicle was seized, neither the Massachusetts nor the Vermont police knew the whereabouts of defendant or his companion. Thus, for all they knew, the car and the incriminating evidence could have been removed by defendant or a friend at any time. Based on these facts, we conclude that it was reasonable and proper for the police to seize the vehicle and hold it to preserve the evidence pending the issuance of a search warrant. See
State v. Cullor,
By merely seizing defendant’s car and holding it for a reasonable amount of time before obtaining a warrant to search it, the police acted in the least intrusive manner possible under the circumstances. Cf.
State v. Brown,
Moreover, most courts have concluded that the police may seize a vehicle containing incriminating evidence rather than post a guard pending the procurement of a search warrant.
Cullor,
In brief, we hold that Article 11 permits the warrant-less seizure of an unoccupied vehicle for a reasonable аmount of time before a warrant can be obtained where there is probable cause that the car contains evidence of a crime. We need not address the issue of whether a warrantless search under the instant circumstances would have been permissible under Article 11 of the Vermont Constitution inasmuch as a warrant was obtained before any search was conducted. Finally, as noted earlier, we conclude that the seizure of defendant’s car was permissible under the Fourth Amendment of the United States Constitution. See
California v. Carney,
Reversed and remanded.
Notes
We agree with the trial court that the police were justified in concluding that forensic evidence of a crime could still be found in the car or that defendant could have moved evidence of the crime when he left his residence, despite the fact that the crime had taken place fifteen months earlier.
