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STATE v. BRITTON

No. 24724.

772 N.W.2d 899 (2009)

2009 SD 75

STATE of South Dakota, Plaintiff and Appellee, v. William BRITTON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 19, 2009.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Ellery Grey of Rensch Law Office, APLC, Rapid City, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] In 2004, the South Dakota Legislature mandated that police canine teams be certified and annually recertified before they can be used to assist in law enforcement. During a traffic stop, a drug detection dog, who had not been recertified, indicated the presence of an illegal substance in the stopped vehicle and a search uncovered 155 pounds of marijuana. After the driver's motion to suppress...

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