Legal Opinion
State v. Lanier
South Dakota Supreme Court
Decided February 28, 1990No. 16592PublishedCited by 30 opinions
1Opinion of the Court
MILLER, Justice.
In this appeal we affirm the trial court and hold that it is permissible for law enforcement officers to require, and to use reasonable force to obtain, a blood sample from a person arrested for third-offense driving while under the influence of alcohol or drugs.
FACTS
On July 1, 1988, defendant/appellant Christopher Lanier was stopped in Rapid City, South Dakota, by State Trooper Jor-genson and his Training Officer Trooper Nelson. The troopers had probable cause to stop Lanier’s vehicle. The troopers made the following observations: (1) Lanier had difficulty locating his…
2Cases cited9 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- South Dakota v. NevilleSupreme Court of the United States · 1983
- Breithaupt v. AbramSupreme Court of the United States · 1957
- Winston v. LeeSupreme Court of the United States · 1985
- State v. HartmanSouth Dakota Supreme Court · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. JohnstonCourt of Criminal Appeals of Texas · 2011
- State v. FierroSouth Dakota Supreme Court · 2014
- State v. MattsonSouth Dakota Supreme Court · 2005
- State v. HansonSouth Dakota Supreme Court · 1999
- State v. MyersSouth Dakota Supreme Court · 1990
25 more not listed; retrieve them via the Exa API.