State v. Peterson
Vermont Supreme Court
923 A.2d 585 (2007)
- Written by Deanna Curl, JD
Facts
While James Peterson (defendant) was engaged in a conversation with a police officer, the officer smelled marijuana on Peterson. Peterson admitted to smoking marijuana earlier in the day and voluntarily consented to a search of his car and home by police. During the search of Peterson’s home, officers found a garbage bag containing a significant amount of marijuana. The officers put Peterson in handcuffs and told him they were taking him to the station for processing but did not administer Miranda warnings. In response to further questions by police, Peterson showed officers a plot with 27 marijuana plants growing in the woods behind his home. Peterson was charged with felony possession and moved to exclude the evidence seized after he was taken into custody. The district court found that the officers had engaged in custodial interrogation in violation of Miranda but applied the Supreme Court’s holding from United States v. Patane and refused to exclude the evidence. Peterson later appealed the court’s ruling.
Rule of Law
Issue
Holding and Reasoning (Dooley, J.)
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