STATE v. NEMETI

No. 16979.

472 N.W.2d 477 (1991)

STATE of South Dakota, Plaintiff and Appellee, v. Tim A. NEMETI, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned May 17, 1991.

Decided June 26, 1991.


Attorney(s) appearing for the Case

David D. Wiest, Asst. Atty. Gen. (Roger A. Tellinghuisen, on brief), Pierre, for plaintiff and appellee.

Michael P. Ortner, Hot Springs, for defendant and appellant.


MILLER, Chief Justice (on reassignment).

Tim A. Nemeti (Nemeti) was convicted of possession of a controlled substance. SDCL 22-42-5. On appeal, the sole issue is whether Nemeti's consent to search his vehicle was voluntary. We hold that it was and therefore affirm.

Highway Patrolman Jim Feltman (Feltman) stopped the car that 31-year-old college student Nemeti was driving because it was traveling sixty miles an hour in a speed zone posted fifty-five miles per...

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