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Court: Vermont pair stopped near border can’t be prosecuted

The state Supreme Court says a Vermont couple cannot be prosecuted in state court for drug...
The state Supreme Court says a Vermont couple cannot be prosecuted in state court for drug violations with evidence seized by a U.S. Border Patrol agent on a roving patrol.
Published: Sep. 24, 2021 at 2:22 PM EDT
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MONTPELIER, Vt. (AP) - The state Supreme Court says a Vermont couple cannot be prosecuted in state court for drug violations with evidence seized by a U.S. Border Patrol agent on a roving patrol.

The court, in a 3-2 decision released Friday, said the federal law used by the Border Patrol agent to search the Vermont car just south of the Canadian border in August 2018 did not comply with the state constitutional guarantee against unreasonable searches.

The decision sends the criminal cases against Brandi-Lena Butterfield and Phillip Walker-Brazie, both of Richford, back to the lower court for reconsideration.

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