Legal Opinion
State v. Leigh
South Dakota Supreme Court
Decided June 25, 2008No. 24560PublishedCited by 6 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] During a routine traffic stop, a highway patrol officer asked the driver, “You mind if I pat you down to make sure you don’t have any knives or anything?” The driver replied, ‘Yeah.” Taking this ambiguous response as consent, the trooper patted down the driver’s pockets. When the trooper felt a hard object, he reached in to retrieve it. He removed a hollow part of a pen containing a white powder residue, later tested to be methamphetamine. After he was arrested and charged with unauthorized possession of a controlled substance, the driver moved to suppress the…
2Cases cited17 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Bumper v. North CarolinaSupreme Court of the United States · 1968
- Minnesota v. DickersonSupreme Court of the United States · 1993
- State v. GuthrieSouth Dakota Supreme Court · 2001
- United States of America v. Paul Ray JonesCourt of Appeals for the Eighth Circuit · 2001
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. SmithSouth Dakota Supreme Court · 2014
- Melius v. SongerSouth Dakota Supreme Court · 2025
- State v. LeighSouth Dakota Supreme Court · 2008
- State v. SlepikasSouth Dakota Supreme Court · 2021
- State v. Weisler, State v. KingSupreme Court of Vermont · 2011
1 more not listed; retrieve them via the Exa API.