Legal Opinion

State v. Barry

South Dakota Supreme Court

Decided March 21, 2018No. 28288PublishedCited by 3 opinions

1Opinion of the CourtJensen, Justice

[¶ 1.] Bree Barry was indicted on four felony drug charges after marijuana and other controlled substances were found in the vehicle she was driving. Barry moved to suppress this evidence, claiming it was the product of an unlawful search after the initial traffic stop of her vehicle was improperly extended to allow time for a drug dog to arrive and complete an exterior sniff of her vehicle. The circuit court granted Barry's motion to suppress. The State filed a petition for an intermediate appeal. We reverse and remand.

Background

[¶ 2.] At approximately 9:26 a.m. on December 2, 2016, Highway…

2Cases cited20 opinions

  1. United States v. CortezSupreme Court of the United States · 1981
  2. United States v. ArvizuSupreme Court of the United States · 2002
  3. District of Columbia v. WesbySupreme Court of the United States · 2018
  4. Illinois v. CaballesSupreme Court of the United States · 2005
  5. Rodriguez v. United StatesSupreme Court of the United States · 2015

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3Cited by3 opinions

  1. State v. Ostby & OlmstedSouth Dakota Supreme Court · 2020
  2. State v. HolySouth Dakota Supreme Court · 2025
  3. State v. HorseSouth Dakota Supreme Court · 2024

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