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STATE v. GUERRA

No. 24643.

772 N.W.2d 907 (2009)

2009 SD 74

STATE of South Dakota, Plaintiff and Appellee, v. John Vincent GUERRA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 19, 2009.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Andrew Knecht, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bruce H. Ellison, Rapid City, South Dakota, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] A drug dog search conducted during a routine traffic stop led to the discovery of over 200 pounds of marijuana in Defendant's rental car. Defendant was charged with Possession of Marijuana with Intent to Distribute, More than One Pound. Defendant moved to suppress evidence seized claiming (1) the dog and handler were deployed in violation of state statutes and regulations and the statutory violation required suppression of the...

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