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STATE v. HELLAND

No. 23705.

707 N.W.2d 262 (2005)

2005 SD 121

STATE of South Dakota, Plaintiff and Appellant, v. Charles Edwin HELLAND, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 7, 2005.

Attorney(s) appearing for the Case

David R. Nelson, Minnehaha County State's Attorney, Hope Okerlund Matchan, Chief Deputy State's Attorney, Minnehaha County, Sioux Falls, South Dakota, Lawrence E. Long, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Michael J. Butler, Butler Law Office, P.C., Sioux Falls, South Dakota, Attorney for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Charles Edwin Helland (Helland) filed a motion in circuit court to suppress evidence obtained in a search of his computer and office at his employer's place of business. The circuit court judge suppressed the evidence, holding the affidavit was misleading because of the omission of material information. We reverse.

FACTS AND PROCEDURE

[¶ 2.] On June 11, 2004, Kevin Elsing, vice-president of Elbo Computing...

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