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STATE v. BALLARD

No. 21322.

617 N.W.2d 837 (2000)

2000 SD 134

STATE of South Dakota, Plaintiff and Appellee, v. Shanna BALLARD, Defendant and Appellant,

Supreme Court of South Dakota.

Decided October 18, 2000.

Attorney(s) appearing for the Case

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

Matthew J. Kinney, Spearfish, for defendant and appellant.

KONENKAMP, Justice

[¶ 1.] If, after issuing a traffic warning, an officer tells a driver she is free to leave but asks for her consent to search her vehicle for drugs, and she refuses, may the officer then detain the driver to await the use of a drug dog? The defendant argues that the officer had insufficient legal grounds to continue detaining her after she was told she was free to go. The circuit court denied her motion to suppress, but we conclude that it...

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