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STATE v. ROADIFER

No. 14074.

346 N.W.2d 438 (1984)

STATE of South Dakota, Plaintiff and Appellant, v. William R. ROADIFER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 4, 1984.

Attorney(s) appearing for the Case

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

Neil P. Beets of Hill & Beets, Belle Fourche, for defendant and appellee.

MORGAN, Justice.

This intermediate appeal is from an order suppressing evidence in a prosecution for driving while under the influence (DWI) in violation of SDCL 32-23-1(2). Intermediate pretrial orders are appealable at this court's discretion. SDCL 23A-32-12. State filed a petition for allowance of appeal from the trial court's suppression order and this court granted the petition on February 22, 1983. We reverse and remand.

William R. Roadifer (Roadifer...

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