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STATE v. SMITH

No. 26806.

851 N.W.2d 719 (2014)

2014 S.D. 50

STATE of South Dakota, Plaintiff and Appellant, v. Rashud Jauntel SMITH, Defendant and Appellee. and State of South Dakota, Plaintiff, v. Cricket Leanne Corpuz, Defendant.

Supreme Court of South Dakota.

Decided July 16, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Craig M. Eichstadt , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Amy R. Bartling of Johnson Pochop Law Office, Gregory, South Dakota, Attorneys for defendant and appellee Smith.

WILBUR, Justice.

[¶ 1.] The State of South Dakota appeals the circuit court's suppression of cocaine found on Rashaud Smith's person. We reverse and remand.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] At approximately 1:38 P.M. on November 30, 2012, South Dakota Highway Patrol Trooper Brian Biehl stopped a vehicle driven by Crickett Corpuz for following another vehicle too closely on Interstate 90 in Lyman County, South Dakota. Smith was a passenger...

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