State v. Fierro

WILBUR, Justice.

[¶ 1.] In this intermediate appeal, we examine a magistrate court’s suppression of blood evidence seized without a warrant pursuant to South Dakota’s implied consent statutes. We affirm the suppression of the blood evidence.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] On the evening of August 4, 2013, Shauna Fierro was riding her motorcycle to her home in Butte County, South Dakota. At approximately 11:18 p.m., South Dakota Highway Patrol Troopers Jerry Kastein and Richard Olauson stopped Fi-erro after she committed a traffic violation.

[¶ 3.] After reviewing Fierro’s South Dakota…