Legal Opinion
State v. Cuny
South Dakota Supreme Court
Decided June 28, 1995No. 18884PublishedCited by 19 opinions
1Per curiam
Following a court trial, Robert W. Cuny (Cuny) was convicted of misdemeanor driving under the influence of alcohol. SDCL 32-23-1, SDCL 32-23-2. On appeal he contends that there was no reasonable and artic-ulable suspicion to justify the stop of his automobile. We affirm.
FACTS
At 3:24 a.m. on January 22, 1994, Rapid City police dispatch received a 911 call. Dispatch heard a man and woman verbally fighting before the calling party hung up. Dispatch tried to call back, but no one answered. Dispatch directed two officers to the calling home where the hang-up-call came from.
One minute later, at…
2Cases cited11 opinions
- Adams v. WilliamsSupreme Court of the United States · 1972
- Alabama v. WhiteSupreme Court of the United States · 1990
- People v. IngleNew York Court of Appeals · 1975
- Marben v. State, Department of Public SafetySupreme Court of Minnesota · 1980
- United States v. James Terrell AldridgeCourt of Appeals for the Eleventh Circuit · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTASouth Dakota Supreme Court · 1998
- State v. BallardSouth Dakota Supreme Court · 2000
- State v. VentoSouth Dakota Supreme Court · 1999
- State v. OverbeySouth Dakota Supreme Court · 2010
- State v. BartonSouth Dakota Supreme Court · 2001
14 more not listed; retrieve them via the Exa API.