State v. Smith

WILBUR, Justice.

[¶ 1.] The State of South Dakota appeals the circuit court’s suppression of cocaine found on Rashaud Smith’s person. We reverse and remand.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] At approximately 1:38 P.M. on November 30, 2012, South Dakota Highway Patrol Trooper Brian Biehl stopped a vehicle driven by Crickett Corpuz for following another vehicle too closely on Interstate 90 in Lyman County, South Dakota. Smith was a passenger in the vehicle. As he approached, Trooper Biehl could smell the odor of marijuana 1 coming from the vehicle. Trooper Biehl informed Corpuz that he…