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STATE v. NGUYEN

No. 23613.

726 N.W.2d 871 (2007)

2007 SD 4

STATE of South Dakota, Plaintiff and Appellee, v. Tam Thi Thu NGUYEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 3, 2007.

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.

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

KONENKAMP, Justice.

[¶ 1.] Defendant was arrested, charged, and convicted of possession of more than ten pounds of marijuana and possession with the intent to distribute or dispense more than one pound of marijuana. She was apprehended when a drug detection dog sniffed the substance in the trunk of her rental car. She moved to suppress the evidence on the grounds that the dog was not a reliable drug detector and did not properly "indicate" the presence of marijuana...

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