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STATE v. HENEY

No. 26624.

839 N.W.2d 558 (2013)

2013 S.D. 77

STATE of South Dakota, Plaintiff and Appellee, v. Peter Owen HENEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 30, 2013.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Kelly Marnette , Assistant Attorney General, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Matthew J. Kinney , Rapid City, South Dakota, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Defendant Peter Heney was arrested and charged with possession of cocaine, possession of marijuana, and ingestion of marijuana. Before trial, Heney moved to suppress all evidence in the case as the fruit of an initial illegal search of his hotel room, alleging that all evidence discovered by police on a subsequent call to the hotel was tainted by the initial illegal search. The trial court granted the motion with respect to the...

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