Vermont v. McEachin

Defendant Treyez McEachin was convicted of three charges pursuant to a conditional plea that preserved his right to appeal the denial of his motion to suppress and dismiss. Defendant was charged with disorderly conduct based on fighting or violent, tumultuous, or threatening behavior, as well as resisting arrest and simple assault on a police officer. He argued on appeal that because his conduct in walking toward a police officer was not disorderly, the disorderly-conduct charge should have been dismissed. He contended that because the officer then wrongfully prolonged their encounter, all evidence of his subsequent conduct, including his assault of the officer well after he was taken into custody, should also have been suppressed, and the assault charge should have been dismissed. After review of the trial court record, the Vermont Supreme Court agreed the disorderly-conduct charge should have been dismissed, and accordingly reversed the denial of the motion to dismiss that charge. However, the Court affirmed denial of the motion to suppress the evidence underlying the assault charge, and affirmed that conviction. View "Vermont v. McEachin" on Justia Law