FOR IMMEDIATE RELEASE: Thursday, September 21, 2017
CONTACT: Sara Rabern (605) 773-3215
PIERRE, S.D. – Attorney General Marty Jackley announced today the that South Dakota Supreme Court has upheld two felony drug convictions in two separate cases, State v. Jones and State v. Gaters.
“I am pleased that both convictions were upheld and that the Court provided law enforcement with additional direction in fighting this drug problem menacing our youth and our communities,” said Jackley. “The Court recognized the delicate balance between privacy and public safety.”
While the Court concluded that the warrantless use of a pole camera outside of Jones’ home constituted a search under the 4th Amendment, it upheld Jones’ conviction because the officer acted reasonably and in good faith when the pole camera was installed. As to Gaters, the Court found that he did not have a personal, legitimate expectation of privacy in Jones’ home and could not challenge the search.