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STATE v. BABCOCK

No. 23717.

718 N.W.2d 624 (2006)

2006 SD 59

STATE of South Dakota, Plaintiff and Appellee, v. Ann Paige BABCOCK aka Ann Paige Dodson, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Darren J. Magee, Minnehaha County Public Defender, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice.

[¶ 1.] Ann Paige Babcock (Babcock) was indicted for possessing methamphetamine and inhabiting a place where drugs are kept. Prior to trial, she made a motion to suppress evidence, arguing: (1) law enforcement's affidavit did not provide probable cause to justify the issuance of an "all persons search warrant" and (2) there were no exigent circumstances permitting law enforcement to forgo the "knock and announce" requirement in the warrant. The...

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