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STATE v. KETTLEWELL

No. 84-264.

544 A.2d 591 (1987)

STATE of Vermont v. David KETTLEWELL.

Supreme Court of Vermont.

Reargument Denied February 17, 1988.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Susan R. Harritt and Elizabeth J. Grant, Asst. Attys. Gen., and Stephen Norten, Law Clerk (on the brief), Montpelier, for plaintiff-appellee.

David W. Curtis, Defender General, and Henry Hinton and William A. Nelson, Appellate Defenders, Montpelier, for defendant-appellant.

Before ALLEN, C.J., DOOLEY, J., BARNEY, C.J. (Ret.), KEYSER, J. (Ret.) and COSTELLO, District Judge (Ret.), Specially Assigned.

ALLEN, Chief Justice.

Defendant appeals his conviction of possession of marijuana in violation of 18 V.S. A. § 4224. He contends the trial court erred in denying his motion to suppress the marijuana as evidence at his trial. We agree that the marijuana was the product of an unlawful search and vacate the conviction.

In the early evening of June 2, 1983, the town constable of Bakersfield, Vermont, provided the following information to a state police officer...

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