Vermont v. KoenigAnnotate this Case
Defendant Amy Koenig appealed the denial of her motion to suppress evidence that ultimately led to her arraignment for driving under the influence of alcohol (DUI). Defendant’s main argument on appeal was that the arresting trooper's entrance into the attached structure to her home (a "carport") and the resulting discovery of the damage to her vehicle constituted a warrantless search of the curtilage of her home in violation of the Fourth Amendment of the U.S. Constitution and Article 11 of the Vermont Constitution. Defendant contended that the trooper conducted an investigative stop in an area in which she had an expectation of privacy by approaching the residence through the attached structure, which was not a means of public access to the residence, and that a reasonable visitor would understand that the illuminated entranceway marked by a walkway was the normal access route. The Supreme Court was unpersuaded by defendant's argument, concluding the trooper’s conduct was reasonable and not in violation of the Fourth Amendment or Article 11.