State v. Lee, 2017 SD 28

Ashley Lee was observed by a Walmart asset-protection associate concealing unpaid items in her purse; the associate detained her and prepared a citizen’s arrest report after recovering stolen merchandise worth $36.63.
Rapid City Police Officer Duane Baker responded, took Lee into custody, and conducted a warrantless search of her purse that produced a glass pipe with methamphetamine residue.
Lee was charged with petty theft and possession of a controlled substance; she moved to suppress the evidence from the purse-search as unlawful.
Lee argued the officer lacked authority to arrest her because the petty-theft occurred outside the officer’s presence and SDCL 23A-3-2 permits warrantless arrest by officers only for offenses observed by them or for felonies/Class 1 misdemeanors.
The circuit court granted suppression, concluding a citizen’s arrest does not authorize a police officer to make a custodial arrest when the officer lacks independent statutory authority.
The Supreme Court of South Dakota reversed, holding the officer validly took Lee into custody following a lawful citizen’s arrest and lawfully conducted a search incident to that arrest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an officer may take custody of a person placed under a citizen’s arrest and conduct a search incident to that arrest without independent statutory authority under SDCL 23A-3-2	State: Officer may lawfully take custody after a valid citizen’s arrest and perform a search incident to that arrest	Lee: Officer lacked authority to arrest for a petty offense committed outside officer’s presence; thus any custodial arrest and search were unlawful	Court held officer could take custody after a valid citizen’s arrest and perform a search incident to that arrest; suppression was erroneous

State v. Bonrud, 393 N.W.2d 785 (S.D. 1986) (upheld search incident to a citizen’s arrest and applied Belton principles)
New York v. Belton, 453 U.S. 454 (U.S. 1981) (search incident to custodial arrest of vehicle occupant permits contemporaneous vehicle search)
Davis v. United States, 564 U.S. 229 (U.S. 2011) (clarified limits of automobile searches incident to arrest)
State v. Hess, 680 N.W.2d 314 (S.D. 2004) (motion to suppress reviewed de novo)
State v. Smith, 851 N.W.2d 719 (S.D. 2014) (recognizes search-incident-to-arrest as exception to warrant requirement)
State v. Lundeman, 778 N.W.2d 618 (S.D. 2010) (offense classification guidance relevant to petty vs. non-petty characterization)