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STATE v. AKUBA

No. 22923.

686 N.W.2d 406 (2004)

2004 SD 94

STATE of South Dakota, Plaintiff and Appellant, v. Touray AKUBA and Kaisha Paul, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 18, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Thomas M. Diggins, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellee Touray Akuba.

Paul John Brankin, Dakota Plains Legal Services, Rapid City, South Dakota, Attorneys for defendant and appellee Kaisha Paul.

ZINTER, Justice.

[¶ 1.] Touray Akuba and Kaisha Paul were stopped by a highway patrol officer for speeding. Akuba allegedly consented to a search of the vehicle. During the search, the officer found 177 pounds of marijuana in the trunk. Akuba and Paul moved to suppress, alleging that they were illegally detained and the consent was involuntary. The trial court suppressed. The State now appeals arguing that the detention was legal, that Akuba voluntarily consented...

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