State of Vermont v. Richard Morris

Summary

The court held that Article 11 of the Vermont Constitution protects the contents of secured, opaque trash bags placed at curbside, requiring police to obtain a warrant before searching them. Because the trash search was unlawful, the resulting evidence had to be removed from the affidavit, which then failed to establish probable cause for a warrant to search defendant's apartment. The court therefore reversed and remanded defendant's conviction. Dooley, J., dissenting, would have held that curbside trash was outside Article 11 protection because defendant had relinquished any possessory interest in it.