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State v. Theetge7/14/2000
or vehicle law. The instant case is also factually distinguishable from Burgess, where we expressly noted that the "defendant's vehicle was lawfully parked in a pull-off on the side of the road." Burgess, 163 Vt. at 262, 657 A.2d at 204 (emphasis added). The officer in Burgess "had no indication anything was wrong." Id. Here, only one of two possible scenarios could be true: either (1) there was an emergency justifying defendant's vehicle's presence in the breakdown lane, or (2) defendant was violating TCR 1.7(A). Either scenario was sufficient to establish a reasonable and articulable suspicion for the officer's seizure of defendant; the former under the community caretaking doctrine and the latter under the traffic violation doctrine. Accordingly, we reverse the trial court's decision granting defendant's motion to suppress and remand this matter for further proceedings.
Reversed and remanded.
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