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STATE v. LABINE

No. 24202.

733 N.W.2d 265 (2007)

2007 SD 48

STATE of South Dakota, Plaintiff and Appellant, v. Travis LABINE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 2, 2007.

Attorney(s) appearing for the Case

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

G. Matthew Pike, Lawrence County, Public Defender's Office, Deadwood, South Dakota, Attorney for defendant and appellee.

SABERS, Justice.

[¶ 1.] Travis Labine (Labine) was indicted for possession of marijuana in a moving vehicle. After a magistrate judge granted Labine's motion to suppress, the State petitioned for a discretionary appeal, which we granted. We affirm.

FACTS

[¶ 2.] On March 29, 2006, the Spearfish Police Department was conducting a school zone speed saturation patrol near Jackson Boulevard and 10th Street in Spearfish, South Dakota. The officers...

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