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STATE v. MEEK

No. 16253.

444 N.W.2d 48 (1989)

STATE of South Dakota, Plaintiff and Appellant, v. Delmas MEEK, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned April 19, 1989.

Decided July 19, 1989.

Attorney(s) appearing for the Case

Jeffrey P. Hallem, Asst. Atty. Gen.; Roger A. Tellinghuisen, Atty. Gen., on brief, Pierre, for plaintiff and appellant.

Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, for defendant and appellee.

MILLER, Justice (on reassignment).

In this intermediate appeal we reverse the trial court, reiterating our prior holdings that field sobriety tests are not protected by the constitutional privilege against self-incrimination.

FACTS

In the early morning hours of March 5, 1988, Highway Patrolman Randy Hofeldt observed Delmas Meek's vehicle weaving between the lanes of U.S. Highway 14 in Hyde County, South Dakota. Officer Hofeldt stopped Meek's vehicle...

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