STATE v. ZAHN

No. 25584.

812 N.W.2d 490 (2012)

2012 SD 19

STATE of South Dakota, Plaintiff and Appellee, v. Elmer Wayne ZAHN, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 14, 2012.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Frank Geaghan , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Thomas M. Tobin of Tonner, Tobin and King, LLP, Aberdeen, South Dakota, Attorneys for defendant and appellant.


SEVERSON, Justice.

[¶ 1.] Without obtaining a search warrant, police attached a global positioning system (GPS) device to Elmer Wayne Zahn, Jr.'s vehicle. The GPS device enabled officers to track and record the speed, time, direction, and geographic location of Zahn's vehicle within five to ten feet for nearly a month. Police used the information they gathered to obtain a search warrant for two storage units that Zahn frequently visited. Officers recovered drug...

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