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STATE v. CHAVEZ

No. 22438.

668 N.W.2d 89 (2003)

2003 SD 93

STATE of South Dakota, Plaintiff and Appellee, v. Pedro Garcia CHAVEZ a/k/a Alfredo Garcia Chavez, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 30, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Jeffery D. Collins, Barker, Wilson, Reynolds & Burke, Rapid City, South Dakota, and Kenneth R. Dewell, Viken, Viken, Pechota, Leach & Dewell, Rapid City, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Alfredo Garcia Chavez was stopped by a South Dakota highway patrolman for a traffic violation. While stopped, the patrolman engaged Chavez in questioning and had his drug dog sniff the exterior of Chavez's vehicle. The dog allegedly alerted to the odor of illegal drugs. A search of the car revealed large quantities of marijuana, methamphetamine, and cocaine. Although drug charges were subsequently filed in federal district court, that...

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