Legal Opinion

State v. Fountain

South Dakota Supreme Court

Decided July 26, 1995No. 18990PublishedCited by 18 opinions

1Opinion of the Court

AMUNDSON, Justice.

Chad Fountain (“Fountain”) appeals his conviction for possession of LSD pursuant to SDCL 22-42-5,1 claiming that the third-party consent to search his jacket which contained LSD was unlawful. We affirm.

FACTS

The facts as described here are gleaned from the transcript of the suppression hearing, as no trial was conducted. On the morning of Wednesday, November 10, 1993, the local offices of the Drug Enforcement Administration and Sioux Falls police each received a tip from a confidential informant that Fountain and Adam Raski (“Raski”) were in possession of LSD. Law enforcement…

2Cases cited19 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. United States v. MatlockSupreme Court of the United States · 1974
  4. Florida v. JimenoSupreme Court of the United States · 1991
  5. Minnesota v. OlsonSupreme Court of the United States · 1990

14 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. GuthrieSouth Dakota Supreme Court · 2001
  2. State v. ShearerSouth Dakota Supreme Court · 1996
  3. State v. DrepsSouth Dakota Supreme Court · 1996
  4. State v. WesterfieldSouth Dakota Supreme Court · 1997
  5. State v. KnappWisconsin Supreme Court · 2003

13 more not listed; retrieve them via the Exa API.

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