818 N.W.2d 793
S.D.2012Background
- Koch was arrested for DUI after a traffic stop on Feb. 27, 2011 in Sioux Falls, SD.
- A magistrate suppressed all evidence obtained from the stop, including tests and statements.
- The State appealed the suppression order to the circuit court.
- Koch moved to dismiss the State’s appeal; the circuit court denied the motion.
- Koch sought intermediate review, which this Court granted, to address jurisdiction to hear the appeal.
- The Supreme Court held the magistrate’s suppression order was not a final order and thus not appealable to the circuit court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court could hear the State’s appeal from the magistrate’s suppression order. | State argued the suppression order was final and dispositive. | Koch argued the suppression order was not final since the case remained active. | Not final; circuit court lacked jurisdiction to hear the appeal. |
Key Cases Cited
- Roadifer v. State, 346 N.W.2d 438 (S.D. 1984) (addresses finality of suppression orders in SD context (jurisdictional question not answered))
- Harris Mfg. Co. v. Walsh, 3 N.W. 307 (Dak. 1879) (extant view on final decisions and appeals in Dakota Territory)
- New York v. Quarles, 467 U.S. 649 (U.S. 1984) (suppression order as a potential final judgment in some contexts)
- Villines v. Harris, 208 S.W.3d 763 (Ark. 2005) (finality analysis in suppression-related orders (Arkansas))
- Davidson, 477 N.E.2d 1141 (Ohio 1985) (statutory preclusion of prosecution after suppression order (Ohio))
- Williams v. State Bd. of Real Estate Appraisers, 239 P.3d 780 (Idaho 2010) (finality/impact of suppression on prosecution (Idaho))
- Donscheski v. Donscheski, 771 N.W.2d 213 (Neb. App. 2009) (finality in custody context (Nebraska))
- Bosurgi, 190 A.2d 304 (Pa. 1963) (suppression order finality and appealability (Pennsylvania))
- State v. Roadifer, 346 N.W.2d 438 (S.D. 1984) (see Roadifer note above)