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STATE v. CUMMINGS

No. 22936.

679 N.W.2d 484 (2004)

2004 SD 56

STATE of South Dakota, Plaintiff and Appellant, v. Nicholas CUMMINGS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 21, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, John P. Guhin, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Rena M. Atchison of Abourezk Law Firm, Rapid City, South Dakota, Attorney for defendant and appellee.

SABERS, Justice.

[¶ 1.] The State filed a petition for permission to take a discretionary appeal on July 31, 2003. The Court granted the petition on August 28, 2003. The State argues that the magistrate court abused its discretion by suppressing all evidence gathered by a state law enforcement officer after going onto the Pine Ridge Indian Reservation in pursuit of a tribal member. We affirm.

FACTS

[¶ 2.] Nicholas Cummings, the Defendant...

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