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STATE v. GESINGER

No. 19620.

559 N.W.2d 549 (1997)

1997 SD 6

STATE of South Dakota, Petitioner and Appellant, v. Thomas J. GESINGER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 22, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, for petitioner and appellant.

Jeffrey T. Sveen of Siegel, Barnett & Schutz, Aberdeen, for defendant and appellee.

GILBERTSON, Justice.

[¶ 1.] State of South Dakota petitioned for an intermediate appeal from a trial court's order suppressing certain statements made by Thomas Gesinger (Gesinger) both prior to and after his arrest for driving while under the influence of alcohol (DUI). We granted the State's petition, and following review of the substantive issues raised, we reverse.

FACTS AND PROCEDURE

[¶ 2.] On November 15, 1994, at 10:45 p.m., a South...

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