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STATE v. AMICK

Nos. 26393, 26395.

831 N.W.2d 59 (2013)

2013 S.D. 37

STATE of South Dakota, Plaintiff and Appellant, v. Brian Dennis AMICK, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 8, 2013.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Craig M. Eichstadt , Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellant.

John R. Steele of Steele & Steele, PC, Plankinton, South Dakota, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] A deputy sheriff stopped a pickup truck because he did not see the vehicle's temporary license permit on the rear window. A DUI arrest followed. On a motion to suppress, the circuit court concluded that the deputy unconstitutionally extended the scope of the stop by initiating contact with the driver when the deputy could have first confirmed that the temporary license permit was valid. On appeal, the State asserts that the deputy lawfully...

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