STATE v. TILLMAN

No. 26102.

817 N.W.2d 812 (2012)

2012 S.D. 57

STATE of South Dakota, Plaintiff and Appellant, v. Tyler TILLMAN, Vincent Rossi, and Jessica Wallace, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 11, 2012.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Timothy J. Barnaud , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Matthew J. Kinney , Spearfish, South Dakota, Attorney for defendant and appellee Rossi.

Bradley T. Borge , Rapid City, South Dakota, Attorney for defendant and appellee Wallace.

David L. Clagget , Spearfish, South Dakota, Attorney for defendant and appellee Tillman.


KONENKAMP, Justice.

[¶ 1.] A neighbor's complaint about marijuana directed Spearfish police officers to an apartment unit, where the officers smelled the odor of burnt marijuana outside the door. One tenant let the officers inside, but when the officers observed raw marijuana in plain view, another tenant demanded that the officers obtain a search warrant before they conducted any search. While the officers sought a warrant, they secured the apartment and detained...

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