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STATE v. MYHRE

No. 21515.

633 N.W.2d 186 (2001)

2001 SD 109

STATE of South Dakota, Plaintiff and Appellant, v. Vincent MYHRE, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned June 29, 2001.

Decided August 22, 2001.

Attorney(s) appearing for the Case

Glenn A. Brenner, Pennington County States Attorney.

Matthew M. Brown, Deputy States Attorney Rapid City, SD, Attorneys for plaintiff and appellant.

Kenneth R. Dewell of Viken, Viken, Pechota, Leach & Dewell, Rapid City, SD, Attorneys for defendant and appellee.

SABERS, Justice (on reassignment).

[¶ 1.] Magistrate Judge Shawn Pahlke granted Myhre's motion to suppress his second statement, the evidence seized and quashed the arrest. This Court granted the State's petition for intermediate appeal. We affirm.

FACTS

[¶ 2.] Bruce Nachtigall is an assistant regional supervisor for law enforcement for the South Dakota Department of Game, Fish & Parks. At 4:30 p.m. on November 20, 1999, he was on patrol...

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