STATE v. ASHBROOK

No. 20407.

586 N.W.2d 503 (1998)

1998 SD 115

STATE of South Dakota, Plaintiff and Appellee, v. Karen D. ASHBROOK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 2, 1998.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Paul Cremer, Assistant Attorney General, Pierre, South Dakota for plaintiff and appellee.

Joseph M. Kosel, Northern Hills Public Defender's Office, Deadwood, South Dakota for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] In this case, we must decide whether a passenger's furtive movements in an automobile stopped for a possible traffic violation, justify an officer's protective sweep for weapons around the passenger's seat. Because the officer observed the passenger repeatedly reach under and around her seat during a traffic stop, we conclude the search was lawful. We affirm the circuit court's denial of the motion to suppress illegal drugs found in...

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