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South Dakota Supreme Court Allows Evidence in Trooper Drug Stop

FOR IMMEDIATE RELEASE:  Thursday, March 22, 2018

CONTACT:  Sara Rabern (605) 773-3215 

PIERRE, S.D. -  Attorney General Marty Jackley announced today that the South Dakota Supreme Court has denied the defendant’s motion to suppress drugs in State of South Dakota v. Barry.  Bree Barry was transporting a suitcase full of marijuana from Colorado to Wisconsin when she was stopped for speeding on I-90 near Sioux Falls.

“The South Dakota Supreme Court’s decision will allow the State to move forward with the prosecution of the case,” said Jackley. ‘The South Dakota Supreme Court has ruled that the actions of law enforcement were properly supported by reasonable suspicion up to and including the time a drug dog alerted to the scent of drugs coming from Barry’s vehicle.”

The question raised by the State in the intermediate appeal was whether the circuit court erred in suppressing the evidence on the grounds that the Trooper had unlawfully prolonged the traffic stop without reasonable suspicion of drug activity.

The Court ruled that, under the circumstances as a whole, the Trooper had reasonable suspicion to believe that Barry was involved with drug activity and his detention of Barry did not unreasonably prolong the traffic stop beyond constitutional limits. 

“The South Dakota Supreme Court’s decision will help in the interdiction of all forms of contraband – opioids, meth, illegal firearms, sex trafficking – being transported on the state’s roads and highways,” said Jackley.

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