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State v. Quevedo

Supreme Court of South Dakota

February 12, 2014

STATE of South Dakota, Plaintiff and Appellee,
v.
Alisia Juana QUEVEDO, Defendant and Appellant.

Considered On Briefs on Jan. 14, 2014.

Page 352

[Copyrighted Material Omitted]

Page 353

Marty J. Jackley, Attorney General, Bethany L. Erickson, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Rena M. Hymans, Sturgis, South Dakota, Attorney for defendant and appellant.

WILBUR, Justice.

[¶ 1.] Alisia Quevedo appeals the circuit court's denial of her motion to suppress evidence. Because law enforcement officers constitutionally entered the Black Hawk home to arrest both Quevedo and Yellow Eagle, the circuit court properly denied the suppression of evidence obtained as a result of her arrest. We affirm.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] On April 2, 2012, a federal court issued an arrest warrant for Christopher Yellow Eagle for a supervised release violation. When law enforcement had previously served an arrest warrant on Yellow Eagle for an unrelated offense, he had attempted to hide or flee in order to avoid being arrested.[1]

[¶ 3.] Yellow Eagle's arrest warrant was referred to the Rapid City Area Joint Fugitive Task Force (task force). Participants in the task force include, among others, the United States Marshals Service, the Pennington County Sheriff's Office, and the Meade County Sheriff's Office.

[¶ 4.] In search of Yellow Eagle, the task force officers went to Yellow Eagle's mother's home on April 4, 2012. Yellow Eagle's mother informed the officers that Yellow Eagle was living with his girlfriend, Quevedo, at her home in Black Hawk, located in Meade County, South Dakota. The task force officers checked department databases and were able to find an address in Black Hawk for Quevedo. In conducting this research, the officers also learned that a state warrant for Quevedo's arrest had been issued in Meade County. The warrant, issued February 16, 2012, was for Quevedo's arrest for her failure to appear for a sentencing hearing for driving with a suspended license pursuant to SDCL 32-12-65. The information was relayed electronically to the task force officers, who did not have a physical copy of Quevedo's arrest warrant. The warrant was addressed to " any law enforcement officer in the State of South Dakota."

[¶ 5.] Federal and Pennington County officers, and members of the task force, arrived at the address provided to them by the department databases. Deputy United States Marshal Cole Willnerd, who was present at the address and who ran the license plate on at least one of the vehicles parked at the address, testified that he could not recall the identity of the registered owner of the vehicle.

[¶ 6.] The officers knocked on the door of the home for a period of time before the couple's 12-year-old son answered the door. When asked by the officers, the child confirmed that Yellow Eagle ...


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