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STATE v. TULLOUS

No. 23084.

692 N.W.2d 790 (2005)

2005 SD 5

STATE of South Dakota, Plaintiff and Appellee, v. Uriah TULLOUS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 12, 2005.

Attorney(s) appearing for the Case

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

Gregory P. Grajczyk, George B. Boos, Milbank, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice.

Uriah Tullous was convicted of possession of a controlled substance (methamphetamine) and possession of two ounces or less of marijuana. He appeals, arguing the trial court erred in 1) refusing to suppress evidence seized under an invalid warrant; 2) refusing to suppress the bodily fluid evidence seized without a warrant; 3) refusing to grant a rehearing of the suppression motion; and 4) refusing to submit the misdemeanor ingestion issue to the jury...

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