Circuit Court Decision Upheld on Alcohol Monitoring Evidence

PIERRE, S.D.-    Attorney General Marty Jackley announced today that the South Dakota Supreme Court unanimously upheld the use of evidence obtained by a SCRAM unit. SCRAM bracelets (Secure Continuance Remote Alcohol Monitoring) are worn on the leg to monitor alcohol though sweat gland emissions. The Court found the measurements of alcohol by the SCRAM unit are scientifically reliable and the results can be used as evidence in court.

Neal J. Lelmer was found to be in violation of the terms of his probation when the SCRAM unit attached to his ankle indicated that he had consumed alcohol.

“We are pleased by the decision of the Supreme Court,” said Jackley. “SCRAM units have become an important tool for us in the 24/7 Program to help ensure participants are abstaining in the use of alcohol. The admissibility of the SCRAM device evidence enhances law enforcement’s ability to effectively monitor participants and hold them accountable when necessary.”

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