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STATE v. LITTLEBRAVE

No. 25173.

776 N.W.2d 85 (2009)

2009 SD 104

STATE of South Dakota, Plaintiff and Appellee, v. Harvey LITTLEBRAVE, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 2, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Julie Hofer, Office of the Public Advocate, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] A highway patrolman stopped Harvey Littlebrave (Harvey) for a "lane driving" violation on Interstate 90 near Sioux Falls. In the course of questioning Harvey and a passenger during the traffic stop, Harvey admitted possessing marijuana in the vehicle. The trooper subsequently conducted a canine sniff and search of the vehicle yielding several pounds of marijuana. Harvey moved to suppress, arguing that the trooper's investigatory detention...

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