STATE v. ENGEL

No. 17141.

465 N.W.2d 787 (1991)

STATE of South Dakota, Plaintiff and Appellant, v. Ron J. ENGEL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 6, 1991.


Attorney(s) appearing for the Case

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

Bryce A. Flint, Sturgis, for defendant and appellee.


SABERS, Justice.

State appeals order suppressing evidence obtained pursuant to a search warrant for lack of probable cause.

Facts

On June 22, 1989, a man identifying himself as Tom Wilson brought a package which he said contained a "soil sample" to a California United Parcel Service (UPS) office. Because shipments of soil samples are to be inspected under UPS policy and because Wilson seemed nervous, UPS personnel opened the package in the...

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