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STATE v. SCHWARTZ

Nos. 22932, 22933.

689 N.W.2d 430 (2004)

2004 SD 123

STATE of South Dakota, Plaintiff and Appellee, v. Connie L. SCHWARTZ, Defendant and Appellant. State of South Dakota, Plaintiff and Appellee, v. Rick W. Schwartz, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 10, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, SD, for plaintiff and appellee.

Barry Vlasman, Brookings, SD, for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] A circuit court found Rick and Connie Schwartz guilty of possession of methamphetamine and sentenced each to serve two years in the South Dakota State Penitentiary, with Connie's sentence suspended on various conditions. Both now appeal and raise the same substantive issues. First, the Schwartzes argue that the South Dakota Constitution prohibited the warrantless search and seizure of their trash. They also believe that the evidence...

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