Evidence seized by U.S. Customs and Border Patrol (CBP) agents in a warrantless vehicle search near the international border with Canada cannot be used in state prosecutions, a divided Vermont Supreme Court ruled Sept. 24. Vermont’s high court rebuked the CBP. Article 11 of the Vermont Constitution, which “protects individuals from unreasonable searches or seizures ‘by any officer or messenger,’” guarantees “individuals the right to privacy in their vehicles and to containers within those vehicles,” Justice William D. Cohen wrote for the court in the 3-2 decision. Justice Karen Carroll authored the dissenting opinion, which Justice Harold Eaton Jr. joined. They held that the court’s majority opinion conflicted with case law from Vermont and other jurisdictions. Defendants Phillip Walker-Brazie and Brandi-Lena Butterfield were in a car Aug. 12, 2018, driving to their home in Richford, Vermont, when a border patrol officer pulled the vehicle over in a remote area about …