Legal Opinion

State v. Hirning

South Dakota Supreme Court

Decided April 21, 1999No. NonePublishedCited by 47 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] Will probable cause exist to search a passenger when the driver admits to a highway patrol officer that drugs found in the car belong to all the occupants? As probable cause only requires reasonable, individualized suspicion, the all-encompassing admission, together with the other circumstances, created sufficient justification to search the passenger for drugs. We uphold the search and the resulting conviction for possession of methamphetamine.

Facts

[¶ 2.] On July 20,1997, at 2:30 a.m., Denise and Billy Mills and defendant, Milo Hirning, were traveling on Highway 12,…

2Cases cited19 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Ornelas v. United StatesSupreme Court of the United States · 1996
  4. Adams v. WilliamsSupreme Court of the United States · 1972
  5. Pennsylvania v. MimmsSupreme Court of the United States · 1977

14 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. State v. GuthrieSouth Dakota Supreme Court · 2001
  2. State v. StangaSouth Dakota Supreme Court · 2000
  3. State v. LamontSouth Dakota Supreme Court · 2001
  4. State v. FierroSouth Dakota Supreme Court · 2014
  5. State v. MattsonSouth Dakota Supreme Court · 2005

42 more not listed; retrieve them via the Exa API.

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