STATE v. HART

No. 86-452.

539 A.2d 551 (1987)

STATE of Vermont v. Richard F. HART.

Supreme Court of Vermont.

December 18, 1987.


Attorney(s) appearing for the Case

William S. Bos, Windsor Co. State's Atty., Joanne Baltz, Deputy State's Atty., and Nina S. Pelletier, Law Clerk, on the brief, White River Junction, for plaintiff-appellant.

Frank F. Berk and Linda Sable, Law Clerk, on the brief of Mayer & Berk, South Royalton, for defendant-appellee.

Before ALLEN, C.J., HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


GIBSON, Justice.

The State brings an interlocutory appeal to this Court pursuant to V.R.A.P. 5(b) on the question of whether a town constable who observes a motor vehicle operator commit a driving violation outside of the constable's town has the authority to arrest that person without a warrant. We answer this question in the negative.

On March 28, 1986, Constable Wills of Bethel observed a car coming along behind...

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