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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 13 : Crimes and Criminal Procedure

Chapter 232 : Vermont Electronic Communication Privacy Act

(Cite as: 13 V.S.A. § 8104)
  • § 8104. Exclusive remedies for a violation of this chapter

    (a) A defendant in a trial, hearing, or proceeding may move to suppress electronic information obtained or retained in violation of the U.S. Constitution, the Vermont Constitution, or this chapter.

    (b) A defendant in a trial, hearing, or proceeding shall not move to suppress electronic information on the ground that Vermont lacks personal jurisdiction over a service provider, or on the ground that the constitutional or statutory privacy rights of an individual other than the defendant were violated.

    (c) A service provider who receives a subpoena issued pursuant to this chapter may file a motion to quash the subpoena. The motion shall be filed in the court that issued the subpoena before the expiration of the time period for production of the information. The court shall hear and decide the motion as soon as practicable. Consent to additional time to comply with process under section 8106 of this title does not extend the date by which a service provider shall seek relief under this subsection. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)