Appeals panel hears dispute over off‑duty trooper used in private civil survey

An appellate panel heard oral argument over whether evidence collected while an off‑duty, uniformed trooper accompanied a private survey should be excluded because it amounted to state action. Nigel Malden, counsel for the appellants identified in the transcript as the Jaws, told the court the trooper’s role converted otherwise private conduct into state action and that ‘‘any evidence collected in that manner is a violation of the constitution and should be excluded from the civil trial.’’

Gary Trabulsi, counsel for respondent Michael Pippkorn, urged the court to affirm the trial rulings, saying many items the appellants cite were not admitted at trial and stressing that Ashton was hired through a private firm and placed on or near the disputed line to protect surveyors. Trabulsi told the panel, ‘‘That map was never introduced into evidence,’’ and argued the record supports the trial courts’ findings that the disputed parcel belonged to Pippkorn.