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STATE v. ZACHODNI

Nos. 16970, 16990.

466 N.W.2d 624 (1990)

STATE of South Dakota, Plaintiff and Appellant, v. John A. ZACHODNI and Linda W. Zachodni, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 13, 1991.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Roger A. Tellinghuisen Atty. Gen., Pierre, on brief.

Steve Miller, Sioux Falls, for defendant and appellee, John A. Zachodni.

Sidney B. Strange, Sioux Falls, for defendant and appellee, Linda W. Zachodni.

SABERS, Justice.

Trial court suppressed drug evidence on the ground that warrantless vehicle search violated Fourth Amendment. State appeals.

FACTS

On August 5, 1989, South Dakota Highway Patrol Trooper John Norberg noticed several motorcycles, a black pickup truck and a red van parked on the westbound shoulder of Interstate 90 near Sioux Falls. He pulled up behind the red van and got out to investigate.

The black pickup belonged to John...

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