State v. Graves

In State v. Graves, 170 Vt. 646, 646, 757 A.2d 462, 463 (2000), the state officer was at the border station when defendant drove in, and thereafter the officer developed probable cause to believe that defendant committed the crime of DUI in his presence. Since the power to arrest in such circumstances is created by V.R.Cr.P. 3(a), a Court rule, and the officer acted pursuant to the rule, we held that the warrantless arrest was authorized by 551. 170 Vt. at 647-48, 757 A.2d at 464. In reaching the decision that police could make warrantless arrests within the federal enclave, the Court noted that 551 "uses inclusive language to make clear the broad scope of the State's concurrent jurisdiction," 170 Vt. at 647, 757 A.2d at 463, and construed the section to "mean that the exercise of law-enforcement authority must be governed by the procedures established by the Vermont courts." Id.