STATE v. OPPERMAN

No. 11440.

228 N.W.2d 152 (1975)

STATE of South Dakota, Respondent, v. Donald OPPERMAN, Petitioner.

Supreme Court of South Dakota.

April 15, 1975.


Attorney(s) appearing for the Case

Earl Mettler and Tom Lehnert, Asst. Attys. Gen., Pierre, for respondent; Kermit A. Sande, Atty. Gen., Pierre, Arthur L. Rusch, State's Atty., Vermillion, on the brief.

Robert C. Ulrich, Vermillion, for petitioner.


WINANS, Justice.

Defendant-appellant was convicted of possession of less than one ounce of marijuana in violation of SDCL (1967) 39-17-95. He contends, as he did in the court below, that it was error for the trial judge to allow the product of the search and all fruits flowing from it to be introduced into evidence because the search was in violation of the Fourth Amendment to the United States Constitution.

The facts surrounding this search are as follows...

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