State v. Pfaff

MORGAN, Justice.

The State of South Dakota (State) takes an intermediate appeal from an order suppressing evidence in the trial of Randy S. Pfaff (Pfaff). We affirm.

On November 29, 1988, Pfaff was stopped on Highway 79 south of Rapid City, South Dakota, by State Highway Patrol Trooper Lowell Nelson (Nelson) for doing 68 mph in a 55 mph zone.

When Nelson approached Pfaff s car, he noticed that Pfaff was smoking a recently lit cigarette, a sign that made Nelson suspicious that Pfaff might be trying to mask the smell of alcohol. Nelson also noticed two air fresheners in the car, one hanging from…