Legal Opinion

State v. Guerra

South Dakota Supreme Court

Decided August 19, 2009No. 24643PublishedCited by 6 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] A drug dog search conducted during a routine traffic stop led to the discovery of over 200 pounds of marijuana in Defendant’s rental car. Defendant was charged with Possession of Marijuana with Intent to Distribute, More than One Pound. Defendant moved to suppress evidence seized claiming (1) the dog and handler were deployed in violation of state statutes and regulations and the statutory violation required suppression of the evidence, (2) that the drug dog did not properly indicate to Defendant’s car, and (3) that a drug dog that alerts to the odor of drugs…

2Cases cited20 opinions

  1. United States v. PlaceSupreme Court of the United States · 1983
  2. Martinmaas v. EngelmannSouth Dakota Supreme Court · 2000
  3. Hartpence v. Youth Forestry CampSouth Dakota Supreme Court · 1982
  4. State v. MillerSouth Dakota Supreme Court · 1988
  5. Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTASouth Dakota Supreme Court · 1998

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3Cited by6 opinions

  1. Krsnak v. South Dakota Department of Environment & Natural ResourcesSouth Dakota Supreme Court · 2012
  2. State v. BrittonSouth Dakota Supreme Court · 2009
  3. Michael J. Fitzmaurice South Dakota State Veterans Home v. Estate of HammerSouth Dakota Supreme Court · 2010
  4. State v. BrittonSouth Dakota Supreme Court · 2009
  5. State v. BrittonSouth Dakota Supreme Court · 2009

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