Legal Opinion · Concurrence

State v. Jackson

South Dakota Supreme Court

Decided July 10, 1985No. 14774Published

1ConcurrenceHenderson, Justice

I concur in the result of this opinion but disagree upon its reliance on State v. Steingraber, 296 N.W.2d 543 (S.D.1980). Steingraber is inapposite as it pertained to a question involving officers substantially complying, or not complying, with the statutory requirements of a “no-knock” entrance.

Rather, my position would be that the noncompliance with the statutory procedure, in this particular factual scenario, was immaterial as there was a valid search warrant and the failure to conform on the copy was of a slight, ministerial nature. *345State v. Glick, 87 S.D. 1, 5, 201 N.W.2d 867, 869…

2Cases cited10 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984
  3. Massachusetts v. SheppardSupreme Court of the United States · 1984
  4. United States v. Edward Marx, Frank Sladek and Keith HerringCourt of Appeals for the Fifth Circuit · 1981
  5. United States v. Harold Dean McKenzieCourt of Appeals for the Sixth Circuit · 1971

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