State v. Sound Sleeper

GILBERTSON, Chief Justice.

[¶ 1.] Sound Sleeper appeals the circuit court’s denial of his motion to suppress evidence. We affirm.

FACTS

[¶ 2.] On January 29, 2009, at 1:30 p.m., Rapid City Police Department Detective Kelvin Masur was in the parking lot of an Exxon gas station on 634 East North Street investigating a beer theft complaint. Masur took note of a man leaving the gas station carrying a case of beer and a brown bag containing what Masur believed to be a large bottle of beer. The man, eventually identified as Tony Hutchinson, got into the passenger side, front seat of a waiting vehicle.…