State v. S. Erwin & R. Erwin
831 N.W.2d 65
S.D.2013Background
- Erwin car, state 212/29th Street intersection; Shane left-turn into right lane, police followed and stopped in Wal-Mart lot.
- Officer Ellis used a drug-sensing dog; dog indicated presence of drugs after stop.
- Two small containers, a scale with marijuana residue, and two straws with powder were found.
- Erwins arrested; initial charges included cocaine and methamphetamine, later narrowed.
- Trial court suppressed the evidence, State appealed alleging proper stop based on traffic violation.
- Court held that Officer Ellis had probable cause to stop for SDCL 32-26-18, reversing and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by probable cause for a traffic violation | Erwin; State argues observed violation. | Erwin; stop was unreasonable due to notice issues. | Probable cause to stop established; suppression reversed. |
| Whether SDCL 32-26-18 governs left turns at the intersection despite DOT signals | State relied on statute and observed violation. | Erwin asserts misapplication of provisions. | SDCL 32-26-18 controls left-turn compliance; valid stop. |
Key Cases Cited
- State v. Dahl, 809 N.W.2d 844 (2012 S.D. 8) (standard of review for suppression de novo on law; facts reviewed clearly erroneous)
- State v. Bergee, 753 N.W.2d 911 (2008 S.D. 67) (analysis of traffic stops and reasonable suspicion)
- Whren v. United States, 517 U.S. 806 (1996) (probable cause supports stop regardless of subjective intent)
- United States v. Gomez Serena, 368 F.3d 1037 (8th Cir. 2004) (traffic-stop legality when probable cause exists for violation)
- State v. Herren, 792 N.W.2d 551 (2010 S.D. 101) (objective reasonable suspicion standard for investigatory stops)