State v. Martin

[¶ 13.] A plurality of this Court has determined that a person driving with a revoked, suspended or expired license is súb-*735ject to arrest, search, interrogation, and having the contents of their vehicle inventoried. See State v. Vocu, 2000 SD 109, ¶ 11, 615 N.W.2d 623; State v. Brassfield, 2000 SD 110, ¶ 16, 615 N.W.2d 628. This intrusion is unwarranted and flies in the face of statutory authority. See Vocu, 2000 SD 109, ¶¶ 16-21, 615 N.W.2d at 626-28 (Amundson, J., dissenting); Brassfield, 2000 SD 110, ¶¶ 22-27, 615 N.W.2d at 632-34 (Sabers, J., dissenting).

[¶ 14.] SDCL 32-12-65 provides…