State v. Stuart Cleland

Summary

The Vermont Supreme Court affirmed the denial of Stuart Cleland’s motion to suppress evidence obtained through a search warrant. The court held that the affidavit, considered under the totality of the circumstances, provided a substantial basis for finding probable cause that evidence of a crime would be found at the specified residence. The court also concluded that the affidavit satisfied Vermont Rule of Criminal Procedure 41’s requirements concerning hearsay informant credibility, reliability, and factual basis.

Holdings

1. The affidavit provided a substantial basis for an independent magistrate to conclude that evidence of a crime would be found at defendant's Windmill Point Road residence.
2. The hearsay information, considered with the affidavit's other information, satisfied Rule 41 because there was a substantial basis to find both credibility or reliability and a factual basis for the information provided.

Questions Presented

1. Whether the search-warrant affidavit established probable cause to believe that evidence of a crime would be found at defendant's specified residence.
2. Whether hearsay information in the affidavit satisfied Vermont Rule of Criminal Procedure 41's credibility and factual-basis requirements.
3. Whether the affidavit adequately connected the suspected criminal activity and potential evidence to the particular residence to be searched.

Disposition

affirmed