Legal Opinion

State v. Haar

South Dakota Supreme Court

Decided August 26, 2009No. 24988PublishedCited by 15 opinions

1Per curiam

[¶ 1.] Sean Haar appeals from the circuit court’s denial of his motion to suppress evidence seized as a result of a canine sniff of his vehicle at an interstate highway rest area. We reverse.

Facts and Procedural History

[¶ 2.] On February 26, 2008, at approximately 3:20 p.m., South Dakota Highway Patrolman Brian Swets pulled into an interstate rest area located on Interstate 90, a few miles east of Beulah, Wyoming and approximately ten miles west of Spearfish, South Dakota. Upon entering the rest area, Swets observed a Subaru Outback station wagon with Illinois license plates and a cargo box…

2Cases cited36 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Florida v. RoyerSupreme Court of the United States · 1983
  4. United States v. MendenhallSupreme Court of the United States · 1980
  5. Sibron v. New YorkSupreme Court of the United States · 1968

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3Cited by15 opinions

  1. State v. OverbeySouth Dakota Supreme Court · 2010
  2. State v. MohrSouth Dakota Supreme Court · 2013
  3. State v. LudemannSouth Dakota Supreme Court · 2010
  4. State v. Sound SleeperSouth Dakota Supreme Court · 2010
  5. In re H.L.S.South Dakota Supreme Court · 2009

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