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STATE v. MADSEN

No. 24654.

760 N.W.2d 370 (2009)

2009 SD 5

STATE of South Dakota, Plaintiff and Appellee, v. Harry L. MADSEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 21, 2009.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Jack Der Hagopian, Sioux Falls, South Dakota, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Defendant was arrested and convicted for drug-related crimes using evidence seized by security guards at a hotel owned and operated by the Flandreau Santee Sioux Tribe. Defendant claimed the search violated either the Indian Civil Rights Act, or the Fourth Amendment, and that the evidence seized should be suppressed. The circuit court denied Defendant's motion to suppress the evidence...

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