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STATE v. HERREN

No. 25614.

792 N.W.2d 551 (2010)

2010 S.D. 101

STATE of South Dakota, Plaintiff and Appellee, v. Annette M. HERREN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 22, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Kirsten E. Jasper , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Michael E. McCann of McCann, Ribstein & McCarty, P.C., Brookings, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] A Brookings County Deputy Sheriff stopped Annette Herren's vehicle primarily because of his observation that it hesitated too long (about 40 seconds) at a stop sign at a rural intersection. The stop resulted in Herren's arrest for driving while under the influence of alcohol. Herren challenges the constitutionality of the investigatory stop, claiming that the arresting officer did not have reasonable suspicion to stop her. The trial...

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