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STATE v. MULLER

No. 23360.

698 N.W.2d 285 (2005)

2005 SD 66

STATE of South Dakota, Plaintiff and Appellant, v. Marty MULLER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 1, 2005.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, SD, for plaintiff and appellant.

Scott R. Bratland of Austin, Hinderaker, Hopper, Strait & Bratland, Watertown, SD, for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Defendant moved to suppress all evidence obtained during a traffic stop in Watertown, South Dakota. Defendant alleged the traffic stop was in violation of his Fourth Amendment rights, as the officer's stop was based on erroneous information relayed by the Watertown police dispatch alleging Defendant's license plates were expired. As a consequence of the traffic stop, Defendant was arrested on suspicion of driving under the influence...

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