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STATE v. ANDERSON

No. 14493.

359 N.W.2d 887 (1984)

STATE of South Dakota, Plaintiff and Appellant, v. Jim Dale ANDERSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 12, 1984.

Attorney(s) appearing for the Case

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

Gary G. Colbath of Banks & Johnson, Rapid City, for defendant and appellant.

MORGAN, Justice.

This court allowed the state of South Dakota to appeal a suppression order entered by the Sixth Judicial Circuit Court. The trial judge held that Highway Patrolman Steven Kenoyer (Kenoyer) did not have probable cause to stop and arrest Jim Dale Anderson (Anderson) and that all evidence derived from the stop and arrest including the breathalyzer and blood test results, should be suppressed. We reverse and remand.

The Wall, South Dakota, Police...

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