SCOVT reverses drug conviction because evidence gathered after police determined defendant was not operating under the influence should have been suppressed.

State v. Nichole L. Dubaniewicz, 2019 VT 13 [filed 3/1/2019]

SKOGLUND, J. Defendant, Nichole Dubaniewicz, appeals her conviction for one count of possession of one gram or more of heroin. We find that the trial court erred in denying defendant’s motion to suppress, and therefore we reverse.

Because all evidence gathered after the sergeant determined that defendant was not operating under the influence should have been suppressed, including all of the heroin discovered, we reverse defendant’s conviction of one count of possession of one gram or more of heroin, under 18 V.S.A. § 4233(a)(3). Reversed