State v. Hett
834 N.W.2d 317
S.D.2013Background
- Hett was convicted of DUI and open container after being stopped by law enforcement in Harding County at night.
- Trooper Moody observed Hett’s pickup cross the fog line and drive on the shoulder, prompting the traffic stop.
- Moody and Trooper Deuter conducted field sobriety tests and a preliminary breath test indicating 0.20% BAC; blood draw later showed 0.211%.
- Hett moved to suppress the stop on grounds that there was no reasonable suspicion of a law violation to justify the stop.
- The circuit court denied suppression, finding a reasonable suspicion under SDCL 32-26-6 based on crossing the fog line; Hett was convicted after trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Hett contends one fog-line crossing is insufficient. | State argues the crossing, plus surrounding circumstances, created reasonable suspicion. | Yes; the stop was supported by reasonable suspicion. |
Key Cases Cited
- State v. Rademaker, 2012 S.D. 28 (2012) (establishes de novo review for suppression rulings on factual findings)
- State v. Wright, 2010 S.D. 91 (2010) (reasonable suspicion standard for traffic stops)
- State v. Akuba, 2004 S.D. 94 (2004) (probable cause/reasonable suspicion framework for stops)
- State v. Starkey, 2011 S.D. 92 (2011) (one minor traffic violation can justify a stop)
- State v. Wolfer, 780 N.W.2d 650 (N.D. 2010) (framework for reasonable suspicion when practicable lane violated)
- Herrera Martinez, 354 F.3d 932 (8th Cir. 2004) (circuits consider fog-line crossings as basis for stops under practicable lane statutes)
- United States v. Beard, 708 F.3d 1062 (8th Cir. 2013) (quoting reasonable suspicion or probable cause for traffic stops)