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STATE v. AABERG

No. 23745.

718 N.W.2d 598 (2006)

2006 SD 58

STATE of South Dakota, Plaintiff and Appellant, v. Arvin Allen AABERG, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 28, 2006.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Steven R. Blair, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Bryan G. Hall of Minnehaha County Public Defender's Office, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

SABERS, Justice.

[¶ 1.] Arvin Aaberg (Aaberg) was indicted on two counts of driving while under the influence of an alcoholic beverage, second offense. Aaberg made a motion to suppress all evidence, claiming law enforcement did not have reasonable suspicion to perform an investigatory stop. The magistrate court granted the motion and issued an order suppressing the evidence. The State appeals. We reverse.

FACTS

[¶ 2.] On January 2, 2005...

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