State v. Wilson

GILBERTSON, Justice.

[¶ 1.] The defendants were arrested in a motel room, which was searched pursuant to a search warrant. The trial court suppressed the evidence seized as to both defendants because the judge who issued this warrant acted outside the circuit to which he had been elected. The State appeals the orders suppressing the evidence seized pursuant to an intermediate appeal granted by this Court. We affirm.

FACTS AND PROCEDURE

[¶ 2.] In the early hours of October 9, 1999, Officer Wentzel of Parkston, South Dakota, was approached by a confidential informant. The informant told Wentzel…