917 N.W.2d 21 (S.D. 2018), 28303, State v. Sharpfish
|Citation:||917 N.W.2d 21, 2018 SD 63|
|Opinion Judge:||KERN, Justice|
|Party Name:||STATE of South Dakota, Plaintiff and Appellant, v. Irwin SHARPFISH, Defendant and Appellee.|
|Attorney:||MARTY J. JACKLEY, Attorney General, QUINCY R. KJERSTAD, Assistant Attorney General, Pierre, South Dakota, MARK VARGO, JOSHUA SATTERLEE, Pennington County States Attorney, Rapid City, South Dakota, Attorneys for plaintiff and appellant. ELIZABETH REGALADO, Office of the Public Defender for Pennin...|
|Judge Panel:||GILBERTSON, Chief Justice, ZINTER and JENSEN, Justices, and SEVERSON, Retired Justice, concur. SALTER, Justice, not having been a member of the Court at the time this action was assigned to the Court, did not participate.|
|Case Date:||August 15, 2018|
|Court:||Supreme Court of South Dakota|
CONSIDERED ON BRIEFS ON MARCH 19, 2018.
APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, PENNINGTON COUNTY, SOUTH DAKOTA, THE HONORABLE ROBERT GUSINSKY, Judge
MARTY J. JACKLEY, Attorney General, QUINCY R. KJERSTAD, Assistant Attorney General, Pierre, South Dakota, MARK VARGO, JOSHUA SATTERLEE, Pennington County States Attorney, Rapid City, South Dakota, Attorneys for plaintiff and appellant.
ELIZABETH REGALADO, Office of the Public Defender for Pennington County, Rapid City, South Dakota, Attorneys for defendant and appellee.
[¶1] Defendant was arrested and charged in magistrate court for driving under the influence of alcohol. Defendant filed a motion to suppress evidence obtained from the stop, arguing law enforcement lacked reasonable suspicion. The magistrate court denied defendants motion, and defendant was convicted and sentenced after a bench trial. Defendant appealed to the circuit court, which reversed the magistrate courts suppression order. The State filed an intermediate appeal, which we dismiss.
Facts and Procedural History
[¶2] On August 8, 2015, Officer Garrett Loen, while on patrol in Rapid City, South Dakota, received a dispatch at 1:45 a.m. regarding a report of an intoxicated driver getting into a blue minivan. Officer Loen, who was in the immediate vicinity, responded to the report and observed a vehicle matching the description given driving through a strip mall parking lot. The minivan stopped at the Corner Pantry gas-station pump. Officer Loen pulled up behind the van and activated his amber warning lights.
[¶3] Officer Loen exited his vehicle and approached the driver, Irwin Sharpfish, who had gotten out and appeared to be searching for something in the front seat of the minivan. Officer Loen asked Sharpfish how he was doing and Sharpfish replied, "Im doing good." After pausing briefly, Officer Loen approached Sharpfish
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