On May 5, 2005, Officer Trudeau of the Vergennes PD, pulled over Cunningham because he knew Cunningham didn't have a license or insurance. Trudeau also had an anonymous tip that Cunningham was a cocaine dealer, he looked a little nervous, lived in Middlebury, but said he was in Vergennes for no particular reason. He refused permission to search his car. Trudeau ordered him out of the car. A "pat search" revealed cocaine residue. Trudeau called for the canine unit and took his time writing up the traffic tickets. "Tiger" showed up 46 minutes later, sniffed drugs in the car, whereupon Cunningham was arrested, the car searched and a gram of cocaine was found.

Twelve days later, Trudeau, after getting an anonymous tip from someone who suspected "drug activity", stopped Cunningham because his brake light was out. Cunningham again looked nervous. Trudeau kept him there for 28 minutes until "Stoney" alerted on the car which led to an arrest for possession of 18 grams of cocaine, some of it packaged for sale.

The trial court approved use of the evidence derived from the canine sniff on the grounds the officer had reasonable suspicion, and the delay in getting the canine unit was not excessive. Cunningham appealed. He argued the police had no right to detain him for long period of time after a traffic stop in order to see if they could make drug arrest. A unanimous Supreme Court agreed, and relying on the Vermont Constitution, suppressed the evidence.

The court ruled that an officer cannot expand the scope and length of stop without "sufficient reasonable suspicion." An anonymous tip amounting to a "rumor", a driver being nervous, unjustified exit orders, stalling tactics and strained conversations by police, even knowledge of a prior offense, are not enough to prolong a stop in order to call in the dogs. A tipster has to tell the police something beyond rumor or what any member of the public could observe; it has to indicate "insider knowledge" of possible criminal activity to justify a detention. Or the officer has to see or hear something that amounts to reasonable suspicion of criminal activity.

Undoubtedly officer Trudeau is an alert and capable officer. But, says the Court, although Cunningham may be guilty, ordinary citizens should not be subjected to hour long police detentions to check out hunches and rumors to ferret out crime. State v. Cunningham 2008 VT 43.