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STATE v. DURKE

No. 20429.

593 N.W.2d 407 (1999)

1999 SD 39

STATE of South Dakota, Plaintiff and Appellant, v. Ralph W. DURKE, Heather M. Cook, and Steven C. Taylor, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 31, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, D. Mark Collins, Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellant.

Timothy J. Rensch, Rapid City, South Dakota, for defendants and appellees, Durke and Cook.

Jeffrey A. Neary of Neary & Flannery, LeMars, IA, for defendant and appellee, Taylor.

SABERS, J.

[¶ 1.] The State appeals an intermediate order by the trial court suppressing evidence seized in searches of Ralph Durke, Heather Cook, and Steven Taylor. We affirm.

FACTS

[¶ 2.] On August 5, 1997, Trooper Vlasman received a radio call regarding a group of motorcyclists running a car off the road. He later observed a group of seven motorcyclists traveling north on Interstate 29. He noticed that four of the motorcycles had handlebars...

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