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STATE v. LUXEM

No. 13587.

324 N.W.2d 273 (1982)

STATE of South Dakota, Plaintiff and Appellant, v. Lawrence F. LUXEM, Ellen E. Wright, Alfred E. Walters, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 8, 1982.

Attorney(s) appearing for the Case

Gary F. Colwill, Deputy State's Atty., Pierre, for plaintiff and appellant.

Thomas L. Trimble of Sieler, Trimble & Crawford, Rapid City, for defendant and appellee Luxem.

James Robbennolt of Duncan, Olinger, Srstka, Lovald & Robbennolt, P. C., Pierre, for defendant and appellee Wright.

David L. Bergren of Bergren & Duffy, Fort Pierre, for defendant and appellee Walters.

WOLLMAN, Justice.

This is an intermediate appeal by the State from orders granting defendants' motions to suppress evidence. SDCL 23A-32-5(1). We reverse and remand.

While on patrol duty at approximately 5:30 p. m. on July 9, 1981, Hughes County Deputy Sheriff Charles Vollmer observed an automobile in the parking lot of an automobile body repair shop in the city of Pierre. Deputy Vollmer observed that four persons had left the vehicle and that the three males...

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