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STATE v. THUNDER

No. 25164.

777 N.W.2d 373 (2010)

2010 SD 3

STATE of South Dakota, Plaintiff and Appellee, v. Barry Glenn THUNDER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 6, 2010.

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.

Ryan Kolbeck, Minnehaha County Public Defender's Office, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Barry Glenn Thunder (Thunder) appeals his conviction of rape and possession and manufacture of child pornography. The sole issue is whether Officer Flogstad violated Thunder's right against unreasonable searches when he viewed, without consent, a warrant, or exigent circumstances, videos stored on a cell phone Thunder used. The circuit court denied Thunder's motion to suppress. We affirm.

BACKGROUND

[¶ 2.] Thunder...

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