State v. Beauregard1/2/2003
ence with older model Jeeps, which provided him with some knowledge of the way they sounded when running in good condition. Trooper DiMauro testified that unlike the sounds that a Jeep normally makes, the sound he heard was loud, raspy, and consistent with a serious failing in the exhaust system. We agree with the trial court that the trooper's aural observations provided a reasonable basis for believing that defendant's vehicle was not in good mechanical condition, and that this was an adequate basis for the stop. "A reasonable and articulable suspicion of wrongdoing is necessary for a police officer to stop a motor vehicle that is being operated on the highway." *474 State v. Welch, 162 Vt. 635, 636, 650 A.2d 516, 517 (1994) (mem.); see also State v. Emilo, 144 Vt. 477, 481, 479 A.2d 169, 171 (1984) (holding that a police officer's "suspicion" that a car did not belong in a particular area in the early morning does not meet the requirement that a stop cannot be made without an " 'articulable and reasonable' " suspicion of some criminal wrongdoing) (quoting Delaware v. Prouse, 440 U.S. 648, 663, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979)). There is nothing vague about the requirement of § 1221 that mufflers must be "in good mechanical condition." When a sound emitted by a vehicle is entirely consistent with a prohibited defect, and a trooper has experience that enables him to make such a determination on the basis of sound, we find that a trooper has an adequate legal basis for stopping a vehicle. The level of suspicion required for a traffic stop under the Fourth Amendment is "considerably less than proof of wrongdoing by a preponderance of the evidence." United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989). The test for the validity of a vehicle stop is " 'whether, based upon the whole picture, [the police] ... could reasonably surmise that the particular vehicle they stopped was engaged in criminal activity.' " State v. Kettlewell, 149 Vt. 331, 335, 544 A.2d 591, 594 (1987) (quoting United States v. Cortez, 449 U.S. 411, 421-22, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981)). We find that the trooper in this case had a reasonable basis for believing that the **186 muffler on defendant's Jeep was not in working order.
7. Defendant makes further arguments challenging the legality of the underlying statute. First, he challenges the application of § 1221 to noisy mufflers. He observes that while the state has established noise limits for snowmobiles, 23 V.S.A. § 3205, motorboats, 23 V.S.A. § 3309, and all-terrain vehicles, 23 V.S.A. § 3505, the Legislature did not establish noise emission standards for motor vehicles. Defendant correctly notes that according to the principles of statutory construction "[i]t is inappropriate to read into a statute something which is not there unless it is necessary in order to make the statute effective." State v. O'Neill, 165 Vt. 270, 275, 682 A.2d 943, 946 (1996). By permitting a stop in this case, however, we are not establishing a noise limit for motor vehicles, but upholding the statutory requirement that a vehicle's exhaust system be maintained in good mechanical condition.
8. Second, defendant contends that Vermont's defective equipment statute is void for vagueness as applied in this case. He cites the void for vagueness doctrine, which establishes that penal statutes must define a criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement. See City of Chicago v. Morales, 527 U.S. 41, 56, 119 S.Ct. 1849, 144 L.Ed.2d 67 (1999). Defendant argues that the enforcement of 23 V.S.A. § 1221 on the basis of noise will lead to arbitrary and di
Page 1 2 3 Vermont DUI Attorneys
DUI Lawyers
|