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STATE v. STARKEY

No. 25968.

807 N.W.2d 125 (2011)

2011 S.D. 92

STATE of South Dakota, Plaintiff and Appellant, v. Shanna C. STARKEY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 21, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Jennifer D. Pohlman , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Angela Colbath , Rapid City, South Dakota, Attorney for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Shanna Starkey was arrested for driving under the influence of alcohol. The stop was based on the officer's perception that Starkey was attempting to evade the police. The circuit court suppressed the evidence, concluding that the officer lacked reasonable suspicion to justify the stop. We reverse because, under the totality of the circumstances, Starkey's evasive driving provided reasonable suspicion that criminal activity was afoot....

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