 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Lawrence7/18/2003
Defendant Leland Lawrence appeals from orders of the Orleans District Court denying his motion to suppress evidence secured pertinent to his arrest for driving while under the influence of intoxicants, in violation of 23 V.S.A. § 1201, by a Vermont state police officer at the United States Port of Entry in Derby Line, Vermont, and denying his motions to dismiss the resultant criminal prosecution and companion civil suspension proceeding. On appeal, defendant argues that the trial court erroneously concluded that defendant's detention in the customs building at the border crossing prior to the arrival of the arresting officer was objectively reasonable. Defendant also claims the trial court erred in failing to find that defendant was unlawfully arrested by a United States customs inspector for violating 23 V.S.A. § 1201. We affirm.
2. On September 19, 2001, defendant and three adult male companions attempted to reenter the United States from Canada at the Derby Line Port of Entry. United States customs inspector A. Michael Richard was on duty at the primary inspection lane arriving from Canada when, at approximately 8:14 p.m., a vehicle driven by defendant entered the lane and was stopped for inspection. Inspector Richard posed customary screening questions to defendant and his companions regarding their citizenship and the purpose of their trip. Defendant informed the inspector that the group was returning from an adult entertainment club where they had consumed *601 alcohol. In the inspector's opinion, the answers provided by defendant and his passengers were given in a manner that was out of the ordinary for the current situation; that is, in the heightened security at the border eight days after the September 11 attacks on the United States. Inspector Richard then asked to examine the four men's driver's licenses and to inspect the vehicle. Inspector Richard kept the men's licenses in his possession throughout the rest of the inspection process.
3. Inspector Richard then inspected the interior of the vehicle. Upon opening the back area of the vehicle, Inspector Richard smelled alcohol. He found, among other things, empty beer cans and an ice chest containing a partially empty, half-gallon bottle of vodka. After completing his search of the vehicle, inspector Richard asked defendant to pull his vehicle out of the primary inspection lane, park, and then enter the customs building for a secondary inspection. As defendant drove to the secondary inspection station, inspector Richard called the Vermont state police and notified them that he believed defendant "had consumed too much alcohol."
4. After entering the customs building, inspector Richard asked defendant and his companions to complete baggage declarations. **13 Unable to immediately complete the secondary inspection, inspector Richard left defendant and the others in the customs building and returned to his post in the primary inspection lane to continue his inspections of other vehicles entering the country. According to inspector Richard, it was not unusual for people to have to wait "for whatever time period is necessary in order to complete the inspection." Inspector Richard then alternated between conducting primary inspections and finishing defendant's secondary inspection. When traffic subsided in the primary lane, Richard would "try to continue the processing [of defendant] by reviewing baggage declarations, [and] by inspecting the car."
5. At 9:23 p.m., Vermont state police Corporal Albert Stringer arrived at the border crossing. Inspector Richard relayed his observations to Corporal Stringer and showed the officer defendant's vehicle, the empty beverage containers, and the contents of the cooler. Inspector Richard then brought Corporal Stringer to the
Page 1 2 3 4 5 6 Vermont DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|