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STATE v. LEIGH

No. 24560.

753 N.W.2d 398 (2008)

2008 SD 53

STATE of South Dakota, Plaintiff and Appellant, v. John Scott LEIGH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Jeff Adel, Jerauld County Deputy State's Attorney, Wessington Springs, South Dakota, Attorneys for plaintiff and appellant.

Jeff Burns of Churchill, Manolis, Freeman Kludt, Shelton & Burns, Huron, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] During a routine traffic stop, a highway patrol officer asked the driver, "You mind if I pat you down to make sure you don't have any knives or anything?" The driver replied, "Yeah." Taking this ambiguous response as consent, the trooper patted down the driver's pockets. When the trooper felt a hard object, he reached in to retrieve it. He removed a hollow part of a pen containing a white powder residue, later tested to be methamphetamine...

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