679 A.2d 900 | Vt. | 1996
In this consolidated action, the State of Vermont appeals from Franklin District Court’s dismissal of three DWI actions. The court dismissed the cases on the ground that Vermont did not have jurisdiction because the alleged offenses occurred within a federal enclave. We reverse and remand.
Defendants were detained by federal authorities at the port of entry at Highgate Springs while en route from Canada to Vermont on Interstate 89. The authorities, suspecting that defendants were under the influence of alcohol, alerted state police. State police subsequently effected warrantless arrests of defendants within the port of entry, which is a federal enclave. At trial, defendants moved for dismissal arguing that, under 1 VS.A § 551, state police do not have authority to make warrantless arrests within a federal enclave. Athough the information in the cases charged the DWI violations as occurring on Interstate 89 in Highgate, Vermont, the trial court found that the violations took place within the federal enclave and dismissed on the basis that state police do not have jurisdiction over violations of state law that occur within federal enclaves.
As we noted in State v. Dreibelbis, 147 Vt. 98, 99, 511 A.2d 307, 308 (1986), there is a short stretch of land between the Canadian border and the federal enclave. Thus the court ruling is inconsistent with
extrajurisdictional, evidence obtained as a result should have been suppressed).
Reversed and remanded.