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STATE v. RICE

No. 13735.

327 N.W.2d 128 (1982)

STATE of South Dakota, Plaintiff and Appellant, v. Wayne H. RICE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Clyde R. Calhoon of Calhoon and Kratochvil, Brookings, for defendant and appellee.

DUNN, Justice.

This is an intermediate appeal from an order granting Wayne H. Rice's (appellee) motion to suppress certain evidence seized from appellee's vehicle. We reverse and remand.

In the early morning hours of October 21, 1981, an off-duty police officer observed a car stopped near the front of his residence in Flandreau, South Dakota. The officer left his home to investigate the situation. As he approached the car, the officer recognized it to be the...

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