STATE v. SLEEP

No. 20472.

590 N.W.2d 235 (1999)

1999 SD 19

STATE of South Dakota, Plaintiff and Appellee, v. James SLEEP, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned December 31, 1998.

Decided February 10, 1999.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellee.

Bruce Ellison, Rapid City, South Dakota, for defendant and appellant.


KONENKAMP, Justice (on reassignment).

[¶ 1.] In this appeal, we must decide if once a suspect surrenders a weapon to investigating officers, may the officers continue a patdown search when they still observe suspicious bulges which might be concealed weapons. The trial court upheld the search which ultimately revealed illegal drugs. We affirm because if officers reasonably suspect more weapons may be concealed, they may continue their patdown search.

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