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STATE v. HIRNING

Nos. 20567, 20571.

592 N.W.2d 600 (1999)

1999 SD 53

STATE of South Dakota, Plaintiff and Appellee, v. Milo Walter HIRNING, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 21, 1999.

Rehearing Denied May 26, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, for plaintiff and appellee.

Ramon A. Roubideaux, Rapid City, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Will probable cause exist to search a passenger when the driver admits to a highway patrol officer that drugs found in the car belong to all the occupants? As probable cause only requires reasonable, individualized suspicion, the all-encompassing admission, together with the other circumstances, created sufficient justification to search the passenger for drugs. We uphold the search and the resulting conviction for possession of methamphetamine...

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