STATE v. WRIGHT

No. 25534.

791 N.W.2d 791 (2010)

2010 SD. 91

STATE of South Dakota, Plaintiff and Appellee, v. Kevin D. WRIGHT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 8, 2010.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Gary Campbell , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Patrick Duffy , Rapid City, South Dakota, Attorney for defendant and appellant.


SEVERSON, Justice.

[¶ 1.] Kevin Duane Wright was convicted of possession of marijuana in violation of SDCL 22-42-6. He appeals the trial court's order denying his motion to suppress evidence obtained during the stop and subsequent search of his vehicle. Wright argues that his failure to dim his headlights did not violate South Dakota law and that the officer therefore did not have reasonable suspicion or probable cause to stop his vehicle. We reverse.

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