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State v. Sleep2/10/1999
Trooper Deuter conducted a search of Sleep without the legal authority to do so. The illegal search lead to the discovery and seizure of the "bullet." The subsequent search and seizure of the methamphetamine and snort tube was the product of the illegal search and seizure. "Fourth Amendment protections to our citizens cannot be sacrificed." Shearer, 1996 SD 52 at § 23, 548 NW2d at 797. Therefore, the trial court erred in denying the motion to suppress the "bullet," snort tube, and methamphetamine.
[ ] We should reverse and remand for a fair trial.
[ ] Justice Amundson joins this special writing.
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