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STATE v. DELAROSA

Nos. 22231, 22232.

657 N.W.2d 683 (2003)

2003 SD 18

STATE of South Dakota, Plaintiff and Appellant, v. Edward DE LA ROSA, Defendant and Appellee. State of South Dakota, Plaintiff and Appellant, v. Lane Stocker, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned December 16, 2002.

Decided February 12, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for appellant.

Candi L. Thomson of Morman Law Firm, Sturgis, South Dakota, Attorney for appellee De La Rosa.

Robert A. Haivala, Sturgis, South Dakota, Attorney for appellee Stocker.

GILBERTSON, Chief Justice (on reassignment).

[¶ 1.] Edward De La Rosa and Lane Stocker were arrested and charged with Possession of a Controlled Substance (SDCL 22-42-5) and Possession of Two Ounces or Less of Marijuana (SDCL 22-42-6). Both Defendants filed Motions to Suppress the drug evidence seized during a traffic stop on August 7, 2001. After an evidentiary hearing, the trial court entered its decision granting the motions to suppress. The State appeals...

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