State v. Nault

Summary

The Vermont Supreme Court affirmed the denial of Dennis Nault’s motion to suppress evidence and the judgment in the related civil license suspension proceeding. The court held that the police encounter did not become a seizure until the officer directed Nault to turn off his vehicle, by which time the officer had reasonable and articulable suspicion of intoxication.

Holdings

1. The trial court's finding that the accompanying officer took a backup position on the driver's side of defendant's vehicle was supported by the evidence and was not clearly erroneous.
2. The chief's subjective belief about when defendant was not free to leave was not controlling in determining whether a seizure occurred.
3. No seizure occurred when the chief approached defendant's parked vehicle, woke him, and asked him to open the door.
4. A seizure occurred when the chief directed defendant to turn off the car, but the seizure was lawful because the chief then had reasonable suspicion that defendant was intoxicated and had operated or controlled the vehicle while under the influence.

Questions Presented

1. Whether the trial court clearly erred in finding that the accompanying prospective police employee stood on the driver's side of defendant's vehicle rather than directly behind it.
2. Whether the trial court clearly erred in finding when the chief formed the subjective belief that defendant was not free to leave.
3. Whether the chief seized defendant in violation of the Fourth Amendment or Chapter I, Article 11 of the Vermont Constitution when he approached the parked vehicle and asked defendant to open the door.
4. Whether evidence obtained after the chief ordered defendant to turn off the vehicle should have been suppressed.

Disposition

affirmed