Vermont v. AlcideAnnotate this Case
Defendant Ivan Alcide was charged with possession of heroin and cocaine and sought to suppress all evidence of drugs seized from his vehicle after a police dog indicated the presence of drugs. The trial court found that the contraband was obtained through the illegal expansion of the scope of a vehicle violation stop into a criminal drug investigation, suppressed the evidence, and dismissed the charges. The State appealed the trial court’s grant of defendant’s motion to suppress and dismiss. On appeal, the State argued that a minimal delay following the completion of a traffic stop for a dog sniff was reasonable under federal and state law and, in the alternative, that the trial court committed plain error in excluding evidence based upon an illegal detention when the evidence was unrelated to the detention itself. Defendant moved to dismiss the State's appeal on grounds the State untimely filed its notice of appeal. After review, the Supreme Court rejected defendant’s argument and affirmed the trial court’s decision to dismiss the case against defendant.