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STATE v. LOVELAND

No. 23382.

696 N.W.2d 164 (2005)

2005 SD 48

STATE of South Dakota, Plaintiff and Appellant, v. William J. LOVELAND, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 20, 2005.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Jeffery J. Tronvold, Assistant Attorney General, Pierre, SD, for plaintiff and appellant.

Timothy T. Hogan of McCann, Ribstein, Hogan & McCarty, Brookings, SD, for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] This is an intermediate appeal from the trial court's order suppressing evidence of cocaine in the defendant's urine. We reverse.

FACTS

[¶ 2.] During the early morning hours of May 1, 2004, police responded to a noise complaint at a Brookings residence. Upon their arrival, the police could see individuals in the backyard, several of which were holding alcoholic beverage containers. As Officer Weber of the Brookings...

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