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STATE v. HERRMANN

No. 22045.

652 N.W.2d 725 (2002)

2002 SD 119

STATE of South Dakota, Plaintiff and Appellee, v. Richard HERRMANN, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned August 5, 2002.

Decided October 2, 2002.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Terry J. Sutton and Tracy J. Niemann of Sutton & Bauer Law Office, Watertown, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice (on reassignment).

[¶ 1.] When an officer mistakenly requires an arrested driver to submit to a blood test because a law enforcement dispatcher erroneously reports that the driver has multiple prior convictions, should the trial court suppress the blood test results or simply deprive the prosecution of the use of the statutory presumptions? Because there was no constitutional violation here in seizing the driver's blood, we adhere to our longstanding...

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