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STATE v. OPPERMAN

No. 11440.

247 N.W.2d 673 (1976)

STATE of South Dakota, Plaintiff and Respondent, v. Donald OPPERMAN, Defendant and Appellant.

Supreme Court of South Dakota.

November 12, 1976.

Attorney(s) appearing for the Case

William J. Janklow, Atty. Gen., Peter H. Lieberman and John P. Guhin, Asst. Attys. Gen., Pierre, for plaintiff and respondent.

Lee M. McCahren, Vermillion, for defendant and appellant.

WINANS, Justice.

On April 15, 1975, this court reversed a judgment against petitioner because we found that the contraband used to convict petitioner had been seized pursuant to an inventory search which was unreasonable under the Fourth Amendment to the United States Constitution. State v. Opperman, 1975, S.D., 228 N.W.2d 152. On November 3, 1975, the United States Supreme Court granted certiorari; in a 5-4 decision it reversed...

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