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STATE v. STEVENS

No. 23898.

734 N.W.2d 344 (2007)

2007 SD 54

STATE of South Dakota, Plaintiff and Appellant, v. Wayne R. STEVENS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Katie L. Hansen, Assistant Attorneys General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Brandy M. Rhead, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Law enforcement officers in Rapid City conducted a trash pull of defendant's garbage over five months after obtaining information that led them to believe he was committing a crime. After finding evidence of a controlled substance in the trash, the officers obtained a warrant to search defendant's home. The search revealed more evidence, and defendant was indicted. Defendant moved to suppress the evidence claiming that he had a protected...

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