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IN RE H.L.S.

No. 24998.

774 N.W.2d 803 (2009)

2009 SD 92

In the Matter of H.L.S., Alleged Delinquent Child.

Supreme Court of South Dakota.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Meghan N. Dilges, Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee, State of South Dakota.

Patrick T. Pardy of Mumford, Protsch and Pardy, LLP, Madison, South Dakota, Attorneys for appellant, H.L.S.

GILBERTSON, Chief Justice.

[¶ 1.] H.L.S. appeals the denial of her motion to suppress a urine sample obtained after she was arrested without a warrant on suspicion of possession and ingestion of marijuana. We reverse.

FACTS

[¶ 2.] On April 14, 2008, the South Dakota Division of Criminal Investigation (DCI) and other law enforcement executed a valid search warrant on an apartment in Huron, South Dakota. The apartment was at that time rented...

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