Legal Opinion

In re H.L.S.

South Dakota Supreme Court

Decided October 28, 2009No. 24998PublishedCited by 8 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] H.L.S. appeals the denial of her motion to suppress a urine sample obtained after she was arrested without a warrant on suspicion of possession and ingestion of marijuana. We reverse.

FACTS

[¶ 2.] On April 14, 2008, the South Dakota Division of Criminal Investigation (DCI) and other law enforcement executed a valid search warrant on an apartment in Huron, South Dakota. The apartment was at that time rented to Amelia Wipf (Wipf). The search warrant permitted the premises to be searched, a search of both Wipf and Kunta Miles, and collection of urine samples from…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. ArvizuSupreme Court of the United States · 2002
  3. Ybarra v. IllinoisSupreme Court of the United States · 1980
  4. United States v. Jerry Wayne WoolbrightCourt of Appeals for the Eighth Circuit · 1987
  5. United States v. Michael John McGlynn and Kevin John SchantzenCourt of Appeals for the Eighth Circuit · 1982

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

3Cited by8 opinions

  1. State v. RoachSouth Dakota Supreme Court · 2012
  2. State v. OverbeySouth Dakota Supreme Court · 2010
  3. State v. SmithSouth Dakota Supreme Court · 2014
  4. State v. Sound SleeperSouth Dakota Supreme Court · 2010
  5. State v. BonackerSouth Dakota Supreme Court · 2013

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

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