STATE v. LANIER

No. 16592.

452 N.W.2d 144 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Christopher LANIER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 28, 1990.


Attorney(s) appearing for the Case

Frank Geaghan, Asst. Atty. Gen., for plaintiff and appellee, Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Craig M. Johnson, Pennington County Public Defender's Office, Rapid City, for defendant and appellant.


MILLER, Justice.

In this appeal we affirm the trial court and hold that it is permissible for law enforcement officers to require, and to use reasonable force to obtain, a blood sample from a person arrested for third-offense driving while under the influence of alcohol or drugs.

FACTS

On July 1, 1988, defendant/appellant Christopher Lanier was stopped in Rapid City, South Dakota, by State Trooper Jorgenson and his Training Officer Trooper Nelson...

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