State v. Nemeti

(on reassignment).

Tim A. Nemeti (Nemeti) was convicted of possession of a controlled substance. SDCL 22-42-5. On appeal, the sole issue is whether Nemeti’s consent to search his vehicle was voluntary. We hold that it was and therefore affirm.

Highway Patrolman Jim Feltman (Felt-man) stopped the car that 31-year-old college student Nemeti was driving because it was traveling sixty miles an hour in a speed zone posted fifty-five miles per hour. After he obtained Nemeti’s driver’s license, Feltman saw that Nemeti appeared nervous and uneasy. He asked Nemeti if he had been drinking or had any open…