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STATE v. TILTON

No. 19569.

561 N.W.2d 660 (1997)

1997 SD 28

STATE of South Dakota, Plaintiff and Appellee, v. William W. TILTON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 19, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Frank E. Geaghan, Assistant Attorney General, Pierre, for plaintiff and appellee.

Bruce A. Hubbard of Hansen & Hubbard, Sturgis, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] At a sobriety checkpoint, a driver consented to a vehicle search for open containers, and the passenger, William Tilton, was ordered to step out. An officer then saw a bulge in his pocket, believed it to be a potential weapon, and seized the contents, finding drug paraphernalia and a controlled substance. When a driver consents to an automobile search, may a passenger be required to get out and then be searched when a pat down fails...

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