STATE v. WENDLING

No. 24598.

754 N.W.2d 837 (2008)

2008 SD 77

STATE of South Dakota, Plaintiff and Appellant, v. Ryan A. WENDLING, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 30, 2008.


Attorney(s) appearing for the Case

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

Michael J. Butler, Butler Law Office, P.C., Sioux Falls, South Dakota, Attorney for Defendant and Appellee.


GILBERTSON, Chief Justice.

[¶ 1.] On February 7, 2007, Ryan A. Wendling (Wendling) was arrested for driving under the influence of alcohol (DUI). Alleging a violation of his Fourth Amendment protection against illegal search and seizure, Wendling filed a motion in the South Dakota Third Judicial Circuit to suppress all evidence obtained as a result of the traffic stop that led to the arrest. The circuit court granted the motion. The State filed a petition seeking...

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