STATE v. NOLLSCH

No. 12289.

273 N.W.2d 732 (1978)

STATE of South Dakota, Plaintiff and Appellant, v. David NOLLSCH, Defendant and Respondent.

Supreme Court of South Dakota.

December 29, 1978.


Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

Curtis S. Jensen, of Gunderson, Farrar, Aldrich, Warder & Demersseman, Rapid City, for defendant and respondent.


PORTER, Justice.

CASE SUMMARY

Defendant was arrested after a search by Vermillion Police and Clay County Sheriff's Deputies found a large amount of controlled substances in his automobile. He moved to suppress the fruits of the search, and the trial court granted the motion. The state has brought this intermediate appeal. We hold that the affidavit before the magistrate was insufficient to raise probable cause, because it did not disclose sufficient underlying...

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