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STATE v. SMEJKAL

No. 15266.

395 N.W.2d 588 (1986)

STATE of South Dakota, Plaintiff and Appellant, v. Keith D. SMEJKAL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 5, 1986.

Attorney(s) appearing for the Case

Dennis R. Holmes, Chief Deputy Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Sidney B. Strange, Sioux Falls, for defendant and appellee.

WUEST, Chief Justice.

This is an appeal by the State of South Dakota from an intermediate order of the trial court which granted defendant's motion to suppress evidence obtained with a search warrant. We reverse.

On May 11, 1984, law enforcement officers conducted a search of the Keith Smejkal (Smejkal) farm and discovered a large quantity of marijuana. Indictments were brought against Smejkal for possession of more than ten pounds of marijuana and distribution...

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