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STATE v. KLEVEN

No. 27765.

887 N.W.2d 740 (2016)

2016 S.D. 80

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

Supreme Court of South Dakota.

Decided November 22, 2016.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Kelly Marnette , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Donald M. McCarty , Jennifer Goldammer of Helsper, McCarty, Rasmussen, PC Brookings, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] After being arrested and charged with driving under the influence, defendant moved to suppress the evidence. The circuit court denied defendant's motion, concluding that an exception to the warrant requirement applied because the officer acted in his function as a community caretaker. We affirm.

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