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STATE v. KISSNER

No. 14863.

390 N.W.2d 58 (1986)

STATE of South Dakota, Plaintiff and Appellant, v. Allen H. KISSNER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 9, 1986.

Rehearing Denied July 12, 1986.

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.

Richard L. Bode of Maher, Carter, Arendt & Bode, Pierre, for defendant and appellee.

MORGAN, Justice.

In this DWI case, the state appeals from an order of the trial court suppressing all evidence and observations of the arresting officer and dismissing all charges filed against the defendant, Allen H. Kissner. We reverse.

On August 31, 1984, the dispatcher for the Pierre, South Dakota, police department received a call from a private citizen who reported that the driver of a Chevrolet stationwagon with Arizona license plates appeared to be...

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