State v. Herrboldt
South Dakota Supreme Court
1Opinion of the CourtSabers, Justice
[¶ 1.] State appeals the suppression of Todd Herrboldt’s arrest for driving under the influence and resisting arrest. We reverse and remand.
FACTS
[¶ 2.] The magistrate judge granted the motion to suppress relying on a stipulation of facts by Herrboldt and State. The stipulation states:
On March 5, 1998 several officers of the Yankton Police Department and Yankton County Sheriff were investigating an armed robbery of the Casey’s convenience store located at 1000 Whiting Drive, Yank-ton, South Dakota. At about 11:00 P.M., a few minutes after the robbery took place, the officers were at the scene…
2Cases cited10 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Delaware v. ProuseSupreme Court of the United States · 1979
- Adams v. WilliamsSupreme Court of the United States · 1972
- Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTASouth Dakota Supreme Court · 1998
- State v. LownesSouth Dakota Supreme Court · 1993
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3Cited by17 opinions
- State v. MattsonSouth Dakota Supreme Court · 2005
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- State v. ChavezSouth Dakota Supreme Court · 2003
- State v. WrightSouth Dakota Supreme Court · 2010
- State v. LockstedtSouth Dakota Supreme Court · 2005
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