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STATE v. LUDEMANN

No. 25149.

778 N.W.2d 618 (2010)

2010 SD 9

STATE of South Dakota, Plaintiff and Appellee, v. Jacob LUDEMANN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 3, 2010.

Attorney(s) appearing for the Case

Wm. Mark Kratochvil, Brookings County State's Attorney's Office, Brookings, SD and Marty J. Jackley, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Donald M. McCarty, McCann, Ribstein & McCarty, P.C., Brookings, SD, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Jacob Ludemann was arrested under the citizen's arrest statute SDCL 23A-3-3 by student officers on the campus of South Dakota State University (SDSU) for public urination in violation of a city ordinance. He was thereafter further detained and questioned by a certified law enforcement officer with the SDSU Police Department (SDSUPD) and eventually charged with driving under the influence in violation of SDCL 32-23-1(1). Ludemann...

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