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VT: PBT is a search

By John Wesley Hall, Jr.

Portable breath test is a search. Here, there was reasonable suspicion for it because defendant was 50 miles off his stated course and apparently under the influence. State v. McGuigan, 2008 VT 111, 2008 Vt. LEXIS 107 (August 14, 2008).* Defendant was validly stopped for trespassing, and the officer could ask him about drugs without violating the Fourth Amendment or state constitution. State v. Hendon, 2008 Ore. App. LEXIS 1150 (September 3, 2008).

Full post as published by Fourth Amendment on September 09, 2008 (boomark / email).