Legal Opinion · Dissent

State v. Rigsbee

South Dakota Supreme Court

Decided September 19, 1975No. File 11389Published

1DissentColer, Justice

The majority opinion chooses not to rule on the question of' the voluntariness of the act of the defendant in turning over the incriminating evidence to the' officers. I am convinced that the sole issue is whether the defendant voluntarily gave evidence that incriminated him and that his constitutional rights cannot be so by-passed.

■ At the close of the suppression hearing the trial court denied the motion to suppress without stating its reasons. However, at the close of the trial the following statement appears:

“It is the court’s opinion in this case that the police had reasonable basis upon…

2Cases cited17 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Chimel v. CaliforniaSupreme Court of the United States · 1969
  4. Brown v. IllinoisSupreme Court of the United States · 1975
  5. Chambers v. MaroneySupreme Court of the United States · 1970

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