State v. Satter

[¶ 1.] A “concerned citizen” eyewitness told a police officer that he had seen two men drinking beer in a van parked next to the eyewitness in a parking lot. The police officer executed a traffic stop on the van after it was driven out of the parking lot. As a result of this stop, Shane Allen Satter was convicted of violating SDCL 32-23-1, driving a vehicle while having 0.08 percent or more BAC. Satter appeals his conviction, claiming that the eyewitness’s tip did not create reasonable suspicion to conduct the traffic stop and, therefore, violated the Fourth Amendment of the United States…