STATE v. LERMA

No. 27450.

884 N.W.2d 749 (2016)

2016 S.D. 58

STATE of South Dakota, Plaintiff and Appellant, v. Apolinar LERMA, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned on July 6, 2016.

Decided August 17, 2016.


Attorney(s) appearing for the Case

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

Jason R. Adams of Tschetter & Adams Law Office, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee.


[¶ 1.] A police officer initiated an investigatory stop of a vehicle because the vehicle's left brake light was not working. The stop led to the arrest of the driver for driving under the influence of alcohol. The driver moved to suppress evidence obtained during the stop. He argued that the officer did not...

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