fbpx

CASE ENTRY

Zullo v. State

Vermont state trooper pulls over motorist for partially obscured registration sticker on his license plate, which is not actually an infraction. The trooper detects faint smell of burnt marijuana, but a pat-down yields no contraband, and the trooper determines the motorist is unimpaired. The motorist declines permission for a search of his vehicle, so it is towed to an impound lot while search warrant is secured. The search yields no contraband, but the motorist must pay $150 to retrieve the vehicle. (The search does turn up a small pipe with marijuana residue, but that’s not criminal in Vermont these days.) Vermont trial court: Tough luck, motorist; the statutes are inapplicable to this situation, so you have no judicial remedy. Vermont Supreme Court: The Vermont Constitution provides an avenue for the motorist to obtain damages from the state, and sovereign immunity doesn’t block that. Remand to determine whether the trooper’s activities violated the motorist’s constitutional rights.


Tags: 2019, Marijuana, Sovereign Immunity, Vermont Supreme Court

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.

JOIN THE FIGHT!