State v. Marcello, 599 A.2d 357 (Vt. 1991). · Go Syfert
State v. Marcello, 599 A.2d 357 (Vt. 1991). Cases Citing This Book View Copy Cite
177 citation events (118 in the last 25 years) across 21 distinct courts.
Strongest positive: State v. Devan Calabrese (vt, 2021-10-29)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Devan Calabrese
Vt. · 2021 · signal: cf. · confidence medium
Cf. State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.) (explaining that in some circumstances “police officers without reasonable suspicion of criminal activity are allowed to intrude on a person’s privacy to carry out ‘community caretaking’ functions to enhance public safety.
discussed Cited as authority (rule) State v. Devan Calabrese
Vt. · 2021 · signal: cf. · confidence medium
Cf. State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.) (explaining that in some circumstances “police officers without reasonable suspicion of criminal activity are allowed to intrude on a person’s privacy to carry out ‘community caretaking’ functions to enhance public safety . . . .
discussed Cited as authority (rule) United States v. Zimmerman
D. Wyo. · 2015 · confidence medium
Cf. State v. Vistuba, 251 Kan. 821 , 840 P.2d 511, 514 (1992) (safety reasons based on specific, articulable facts, may justify vehicle stop); State v. Marcello, [ 157 Vt. 657 ] 599 A.2d 357, 358 (Vt.1991) (same); State v. Pinkham, 565 A.2d 318, 319 (Me.1989); State v. Oxley, 127 N.H. 407 , 503 A.2d 756, 759 (1989 [1985]) (same).
discussed Cited as authority (rule) State v. Hinton
Vt. · 2014 · confidence medium
Generally speaking, a police officer must have “reasonable and articulable suspicion that someone is engaged in criminal activity, or is violating a motor vehicle law, before conducting an investigatory stop.” State v. Marcello, 157 Vt. 657, 657-58 , 599 A.2d 357, 358 (1991) (mem.).
examined Cited as authority (rule) State v. Button (4×) also: Cited "see"
Vt. · 2013 · confidence medium
State v. Marcello , 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) ( mem .).
examined Cited as authority (rule) State v. Button (4×) also: Cited "see"
Vt. · 2013 · confidence medium
State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.).
discussed Cited as authority (rule) Ullom v. Miller
W. Va. · 2010 · confidence medium
Safety, 359 N.W.2d 625, 628 (Minn.Ct.App.1984) ("In the proper performance of his duties, an officer has not only the right but a duty to make a reasonable investigation of vehicles parked along roadways to offer such assistance as might be needed and to inquire into the physical condition of persons in vehicles.”); State v. Lovegren, 310 Mont. 358 , 51 P.3d 471 (2002) (holding officer has right to investigate if reasonable and articulable suspicion person is in need of help or in peril); State v. Martinez, 260 N.J.Super. 75, 615 A.2d 279, 281 (App.Div.1992) (holding investigating "abnormal�…
discussed Cited as authority (rule) State v. Deneui (2×)
S.D. · 2009 · confidence medium
See also United States v. Griffin, 729 F.2d 475, 480-81 (7th Cir.1984) (impoundment); Marsh v. State, 838 P.2d 819, 820 (Alaska Ct.App.1992) (car appeared to be stalled); People v. Luedemann, 222 Ill.2d 530 , 306 Ill.Dec. 94 , 857 N.E.2d 187, 208 (2006) (no seizure for well-being check of person in vehicle); Kozak v. Comm’r of Public Safety, 359 N.W.2d 625, 628 (Minn.Ct.App.1984) (duty of police officer to determine if person is in need of assistance); State v. Washington, 296 N.J.Super. 569 , 687 A.2d 343, 344 (1997); State v. Marcello, 157 Vt. 657 , 599 A.2d 357, 358 (1991); State v. Johns…
discussed Cited as authority (rule) Williams v. State
Del. · 2008 · confidence medium
Safety, 359 N.W.2d 625, 628 (Minn.Ct.App.1984) ("In the proper performance of his duties, an officer has not only the right but a duty to make a reasonable investigation of vehicles parked along roadways to offer such assistance as might be needed and to inquire into the physical condition of persons in vehicles.”); State v. Lovegren, 310 Mont. 358 , 51 P.3d 471 (2002) (holding officer has right to investigate if reasonable and articulable suspicion person is in need of help or in peril); State v. Martinez, 260 N.J.Super. 75 , 615 A.2d 279, 281 (App.Div.1992) (holding investigating "abnormal…
cited Cited as authority (rule) State v. Edwards
Vt. · 2008 · confidence medium
Id. at 658 , 599 A.2d at 358 (quotations omitted). ¶ 5.
discussed Cited as authority (rule) State v. St. Martin (2×)
Vt. · 2007 · confidence medium
We first addressed the community caretaking exception in State v. Marcello, stating that in certain circumstances, "police officers without reasonable suspicion of criminal activity are allowed to intrude on a person's privacy to carry out `community caretaking' functions to enhance *1001 public safety." 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.).
discussed Cited as authority (rule) State v. Martin (2×)
Vt. · 2007 · confidence medium
We first addressed the community caretaking exception in State v. Marcello, stating that in certain circumstances, “police officers without reasonable suspicion of criminal activity are allowed to intrude on a person’s privacy to carry out ‘community caretaking’ functions to enhance public safety.” 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.).
cited Cited as authority (rule) State v. Nault
Vt. · 2006 · confidence medium
State v. Marcello, 157 Vt. 657, 657-58 , 599 A.2d 357, 358 (1991) (mem.).
discussed Cited as authority (rule) Poe v. Commonwealth
Ky. Ct. App. · 2005 · confidence medium
State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991).
examined Cited as authority (rule) State v. Jestice (3×) also: Cited "see, e.g."
Vt. · 2004 · confidence medium
“A police officer acting under the community caretaking doctrine must have ‘specific and articulable facts’ that led him to reasonably believe the defendant was in need of assistance.” Id. (quoting State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.)).
discussed Cited as authority (rule) State of Tennessee v. Dennis R. Jenkins
Tenn. Crim. App. · 2003 · confidence medium
See United States v. Rideau, 949 F.2d 718, 720 (5th Cir. 1991); United State v. Smith, 162 F.3d 1226, 1226 (8th Cir. 1998); State v. Vistuba, 840 P.2d 511, 514 (Kan. 1992); State v. Lovegren, 51 P.3d 471, 475-76 (Mont. 2002); State v. Norman, 735 N.E.2d 953, 958 (Ohio Ct. App. 1999); State v. Marcello, 599 A.2d 357, 358 (Vt. 1991); State v. Kinzy, 5 P.3d 668, 675-76 (Wash. 2000); Lancaster v. State, 43 P.3d 80,105 (Wyo. 2002).
discussed Cited as authority (rule) State v. Lovegren (2×)
Mont. · 2002 · confidence medium
Ct. 1992), 615 A.2d 279, 281 (investigating "abnormal" driving behavior in the middle of the night involves "the 'community caretaking function' expected of alert police officers"); State v. Marcello (Vt. 1991), 599 A.2d 357, 358 ("In some circumstances ... police officers without reasonable suspicion of criminal activity are allowed to intrude on a person's privacy to carry out 'community caretaking' functions to enhance public safety."); State v. Chisholm (Wash. Ct. App. 1985), 696 P.2d 41 , 43 n.3 ("Many communities look to their officers to assist citizens or render aid under a variety of …
examined Cited as authority (rule) State v. Chapman (6×) also: Cited "see"
Vt. · 2002 · confidence medium
In some circumstances, "police officers without reasonable suspicion of criminal activity are allowed to intrude on a person's privacy to carry out `community caretaking' functions to enhance public safety." State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.) (quoting Cady v. Dombrowski, 413 U.S. 433, 441 , 93 S.Ct. 2523 , 37 L.Ed.2d 706 (1973)).
cited Cited as authority (rule) State v. Campbell
Vt. · 2001 · confidence medium
State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.).
discussed Cited as authority (rule) State v. Lizee
Vt. · 2001 · confidence medium
In State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.), we recognized that in some circumstances the police may be justified in intruding upon a person’s privacy — even absent reasonable suspicion of criminal activity — “to carry out ‘community caretaking’ functions to enhance public safety.” Marcello cited the United States Supreme Court decision in Cady v. Dombrowski, 413 U.S. 433, 441 (1973), where the high court upheld an inventory search of a vehicle under circumstances in which the vehicle was disabled and constituted a nuisance on the highway, and the dri…
discussed Cited as authority (rule) Rowe v. State
Md. · 2001 · confidence medium
See, e.g., Crauthers v. State, 727 P.2d 9, 11 (Alaska App.1986); Smith v. State, 301 Ark. 569, 570 , 785 S.W.2d 465, 466 (1990); State v. Moore, 609 N.W.2d 502, 504 (Iowa 2000); State v. Vistuba, 251 Kan. 821, 824 , 840 P.2d 511, 514 (1992), rev’d on other grounds, State v. Field, 252 Kan. 657, 664 , 847 P.2d 1280, 1286 (1993); State v. Pinkham, 565 A.2d 318, 319 (Me.1989); State v. Brown, 509 N.W.2d 69, 71-72 (N.D.1993); State v. Rinehart, 617 N.W.2d 842, 844 (S.D.2000); State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991); State v. Mireles, 133 Idaho 690, 693 , 991 P.2d 878, 881 …
discussed Cited as authority (rule) State v. Mountford
Vt. · 2000 · confidence medium
See Cady v. Dombrowski, 413 U.S. 433, 441 (1973) (noting that such functions are “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute”); State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.) (applying Cady and noting “essential role” of police in assisting persons in distress).
discussed Cited as authority (rule) Wright v. State (2×)
Tex. Crim. App. · 1999 · confidence medium
Neither this Court nor the United States Supreme Court has had occasion to decide whether the Fourth Amendment authorizes officers to make "welfare" stops of law-abiding citizens. [2] However, many courts in other jurisdictions have addressed the issue, and, as far as my research has revealed, all of those have at least suggested that a stop may be authorized in the absence of reasonable suspicion or probable cause in circumstances where an officer is reasonably carrying out his role as "community caretaker." See generally United States v. Rideau, 949 F.2d 718, 720 (5 th Cir.1992), vacated on …
discussed Cited as authority (rule) Fred Rheinlander v. State
Tex. App. · 1999 · confidence medium
State v. Pinkham , 565 A.2d 318, 319 (Me. 1989). ("If we were to insist upon suspicion of activity amounting to criminal or civil infraction to meet the [ Terry v. Ohio , 392 U.S. 1 (1968)] standard, we would be overlooking the police officer's legitimate role as a public servant to assist those in distress and to maintain and foster public safety."); State v. Fuller , 556 A.2d 224 (Me. 1989) (stop of car with its headlights blinking on and off four or five times within a quarter mile upheld); State v. Harrison , 533 P.2d 1143, 1144 (Ariz. 1975) (stop made because tire was "bouncing" held prop…
discussed Cited as authority (rule) State v. Cryan
N.J. Super. Ct. App. Div. · 1999 · confidence medium
See, Cady v. Dombrowski, 413 U.S. 433, 441 , 93 S.Ct. 2523, 2528 , 37 L.Ed. 2d 706 (1973); Goetaski, supra, 209 N.J.Super. at 365 , 507 A.2d 751 ; State v. Marcello, [ 157 Vt. 657 ] 599 A.2d 357, 358 (Vt.1991); State v. Pinkham, 565 A.2d 318 , *96 319 (Me.1989).
discussed Cited as authority (rule) State v. Lamb (2×)
Vt. · 1998 · confidence medium
Nor does today's decision signal an extension of the so-called "community care-taking" doctrine, under which we have upheld certain stops to "`assist those in distress.'" State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.) (quoting State v. Pinkham, 565 A.2d 318, 319 (Me. 1989)).
discussed Cited as authority (rule) Cunningham v. State
Tex. App. · 1998 · confidence medium
See, e.g., Smith v. State, 301 Ark. 569 , 785 S.W.2d 465, 466 (1990); State v. Mitchell, 498 N.W.2d 691, 694 (Iowa 1993); State v. Vistuba, 251 Kan. 821 , 840 P.2d 511, 514 (1992); State v. Pinkham, 565 A.2d 318, 319-20 (Me.1989); People v. Davis, 442 Mich. 1 , 497 N.W.2d 910, 915 (1993); State v. Martinez, 260 N.J.Super. 75 , 615 A.2d 279, 281 (App.Div. 1992); Provo City v. Warden, 844 P.2d 360, 364 (Utah App.1992), aff'd, 875 P.2d 557 (Utah 1994); State v. Marcello, 157 Vt. 657 , 599 A2d 357, 358 (1991).
discussed Cited as authority (rule) Hulit v. State
Tex. App. · 1997 · confidence medium
Additionally, as the State recognizes in its reply brief, other state courts, when confronted with a similar issue, have adopted a “community caretaking” exception to the warrant requirement. 4 See, e.g., Smith v. State, 301 Ark. 569 , 785 S.W.2d 465 , 466 *711 (1990); State v. Mitchell, 498 N.W.2d 691, 694 (Iowa 1993); State v. Vistuba, 251 Kan. 821 , 840 P.2d 511, 514 (1992); State v. Pink-ham, 565 A.2d 318, 319-20 (Me.1989); People v. Davis, 442 Mich. 1 , 497 N.W.2d 910, 915, cert. denied, 508 U.S. 947 , 113 S.Ct. 2432 , 124 L.Ed.2d 652 (1993); State v. Martinez, 260 N.J.Super. 75 , 615…
discussed Cited as authority (rule) State v. Seymour
N.J. Super. Ct. App. Div. · 1996 · confidence medium
Super. at 365 , 507 A. 2d 751 ; State v. Marcello, [ 157 Vt. 657 ] 599 A. 2d 357, 358 (1991); State v. Pinkham, 565 A. 2d 318, 319 (Me. 1989). [ Id. at 78 , 615 A. 2d 279 .] In Martinez we affirmed the trial court's denial of defendant's motion to suppress.
examined Cited as authority (rule) State v. Burgess (4×)
Vt. · 1995 · confidence medium
The court then noted our decision in State v. *203 Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.), holding that in some circumstances a police officer may intrude on privacy to carry out "community caretaking" functions, but concluded that the facts of this case did not fall within the Marcello exception: While clearly the level of proof to justify the inquiry and intrusion is slight, there must be some reasonable basis on which to make the inquiry.
discussed Cited as authority (rule) Rheinlander v. State (2×)
Tex. App. · 1995 · confidence medium
State v. Pinkham, 565 A.2d 318, 319 (Me. 1989). ("If we were to insist upon suspicion of activity amounting to criminal or civil infraction to meet the [ Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)] standard, we would be overlooking the police officer's legitimate role as a public servant to assist those in distress and to maintain and foster public safety."); State v. Fuller, 556 A.2d 224 (Me.1989) (stop of car with its headlights blinking on and off four or five times within a quarter mile upheld); State v. Harrison, 111 Ariz. 508, 509 , 533 P.2d 1143, 1144 (1975) (stop…
discussed Cited as authority (rule) Apodaca v. State, Tax and Revenue Dept.
N.M. Ct. App. · 1994 · confidence medium
Id.; see State v. Vistuba, 251 Kan. 821 , 840 P.2d 511, 514 (1992), overruled on other grounds by State v. Field, 252 Kan. 657 , 847 P.2d 1280, 1286 (1993); State v. Pinkham, 565 A.2d 318, 319 (Me.1989); State v. Martinez, 260 N.J.Super. 75 , 615 A.2d 279, 280-81 (Ct.App.Div.1992); State v. Marcello, 157 Vt. 657 , 599 A.2d 357, 358 (1991); cf. 3 Wayne R.
discussed Cited as authority (rule) Wilson v. State (2×)
Wyo. · 1994 · confidence medium
State v. Marcello, 157 Vt. 657 , 599 A.2d 357, 358 (1991).
discussed Cited as authority (rule) Barrett v. Commonwealth
Va. Ct. App. · 1993 · confidence medium
App. Ct.) (permitting stop of auto whose driver had exchanged heated words with another motorist), appeal denied, 602 N.E.2d 469 (Ill. 1992); State v. Vistuba, 840 P.2d 511, 514 (Kan. 1992) (permitting stop under Cady where officer observed erratic driving at speed significantly below posted limit); Maine v. Pinkham, 565 A.2d 318, 320 (Me. 1989) (citing Cady in allowing safety stop for “misuse of the marked lanes”); Provo City v. Warden, 844 P.2d 360, 363-65 (Utah Ct. App. 1992) (formulating test requiring showing of imminent danger to life or limb in order to validate Cady stop of motoris…
discussed Cited as authority (rule) United States v. Terry King and Valerie Jean Burdex
10th Cir. · 1993 · confidence medium
Cf. State v. Vistuba, 251 Kan. 821 , 840 P.2d 511, 514 (1992) (safety reasons based on specific, articulable facts may justify vehicle stop); State v. Marcello, 599 A.2d 357, 358 (Vt. 1991) (same); State v. Pinkham, 565 A.2d 318, 319 (Me.1989); State v. Oxley, 127 N.H. 407 , 503 A.2d 756, 759 (1989) (same).
cited Cited as authority (rule) State v. Martinez
N.J. Super. Ct. App. Div. · 1992 · confidence medium
Super. at 365 , 507 A. 2d 751 ; State v. Marcello, 599 A.2d 357, 358 (Vt. 1991); State v. Pinkham, 565 A.2d 318, 319 (Me. 1989).
discussed Cited "see" State v. Hutchins (2×)
Vt. · 2015 · signal: see · confidence high
See State v. Marcello, 157 Vt. 657, 657-58 , 599 A.2d 357, 358 (1991) (mem.) (“Generally, the Fourth Amendment to the United States Constitution and Chapter I, Article 11, of the Vermont Constitution require that police officers have reasonable and articulable suspicion that someone is engaged in criminal activity, or is violating a motor vehicle law, before conducting an investigatory stop.”); State v. Badger, 141 Vt. 430, 452-53 , 450 A.2d 336, 349 (1982) (“Evidence obtained in violation of the Vermont Constitution, or as a result of a violation, cannot be admitted at trial as a matter…
discussed Cited "see" State v. Pierce (2×)
Vt. · 2001 · signal: see · confidence high
See State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (officer acting pursuant to community earetaking function); State v. Martin, 145 Vt. 562, 568 , 496 A.2d 442, 446 (1985) (DUI roadblock).
examined Cited "see" State v. Theetge (4×) also: Cited "see, e.g."
Vt. · 2000 · signal: see · confidence high
See State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.) (allowing officers to stop a vehicle without reasonable suspicion in some circumstances because police have essential role as public servants to ‘“assist those in distress and to maintain and foster public safety’”) (quoting State v. Pinkham, 565 A.2d 318, 319 (Me. 1989)).
discussed Cited "see" State v. Tongue (2×)
Vt. · 2000 · signal: see · confidence high
See State v. Marcello, 157 Vt. 657, 658 , 599 A.2d 357, 358 (1991) (mem.).
Retrieving the full opinion text from the archive…
STATE of Vermont
v.
Richard MARCELLO
90-125.
Supreme Court of Vermont.
Sep 19, 1991.
599 A.2d 357
Allen, C.J., and Gibson, Dooley, Morse and Johnson.
Cited by 61 opinions  |  Published

Defendant appeals the denial of his motion to suppress evidence under the Fourth Amendment to the United States Constitution, and Chapter I, Article 11, of the Vermont Constitution, contending that a state trooper did not have reasonable suspicion to justify stopping defendant’s vehicle. The trial court held that the trooper had probable cause to stop defendant. We disagree and hold that the trooper lacked probable cause or reasonable suspicion of criminal activity; however, the stop was justified on other grounds. Therefore, we affirm the trial court’s denial of defendant’s motion to suppress.

On October 16, 1989, a motorist driving north on Interstate 89 told a state trooper driving in the same direction to stop defendant’s car, because “[t]here’s something wrong with that man.” The trooper stopped both motorists based on this information. The trooper later arrested defendant for violating 23 V.S.A. § 1201(a)(2), which prohibits operating a motor vehicle while under the influence of intoxicating liquor, after observing obvious signs of intoxication. Defendant entered a conditional guilty plea, reserving the right to appeal the denial of his motion to suppress the fruits of the stop. See V.R.Cr.P. 11.

Generally, the Fourth Amendment to the United States Constitution and Chapter I, Article 11, of the Vermont Constitution require that police officers have reasonable and articulable suspicion that someone is engaged in[*658] criminal activity, or is violating a motor vehicle law, before conducting an investigatory stop. Brown v. Texas, 443 U.S. 47, 51 (1979); Terry v. Ohio, 392 U.S. 1, 21 (1968); State v. Siergiey, 155 Vt. 78, 80-81, 582 A.2d 119, 120-21 (1990); State v. Emilo, 144 Vt. 477, 481, 479 A.2d 169, 171 (1984). Here, the trooper had no reasonable and articulable suspicion that defendant was committing a crime because she did not see him engage in any unusual behavior, or violate any motor vehicle law. Therefore, the trial court’s ruling that the trooper had probable cause to stop defendant was clearly erroneous.

In some circumstances, however, police officers without reasonable suspicion of criminal activity are allowed to intrude on a person’s privacy to carry out “community caretaking” functions to enhance public safety. Cady v. Dombrowski, 413 U.S. 433, 441 (1973); see also Crauthers v. State, 727 P.2d 9, 10-11 (Alaska 1986) (requests for assistance from the public fall within a law enforcement officer’s “community earetaking function”). The key to such constitutionally permissible police action is reasonableness. Stopping defendant’s vehicle was a reasonable police response in these circumstances because the police have an essential role as public servants to “assist those in distress and to maintain and foster public safety.” State v. Pinkham, 565 A.2d 318, 319 (Me. 1989).

In addition, reasonable and articulable suspicion does not always involve suspicion of criminal activity, and safety reasons alone can be sufficient to justify a stop, but they must be based upon specific and articulable facts. Id. Here, the trooper had specific and articulable facts, namely a passing driver’s “excited utterance” that another driver needed help. Under the circumstances, the information was sufficiently reliable to permit the trooper to make a public interest stop. The trooper did not know the nature of defendant’s problem, which could have involved serious illness or physical injury The most reasonable course of action under these circumstances was to immediately stop the vehicles to determine if assistance was needed.

Affirmed.