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State v. Medicine

Supreme Court of South Dakota

June 10, 2015

STATE OF SOUTH DAKOTA, Plaintiff and Appellant,
v.
ERIC E. MEDICINE, Defendant and Appellee

Considered on Briefs April 20, 2015,

Page 493

APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT PENNINGTON COUNTY, SOUTH DAKOTA. THE HONORABLE THOMAS L. TRIMBLE, Judge.

MARTY J. JACKLEY, Attorney General, KELLY MARNETTE, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

ROBERT J. ROHL of DeMersseman Jensen, Tellinghuisen & Huffman, LLP, Rapid City, South Dakota and RANDAL E. CONNELLY, Rapid City, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice. ZINTER, SEVERSON, WILBUR, and KERN, Justices, concur.

OPINION

Page 494

GILBERTSON, Chief Justice

[¶1] The State appeals the circuit court's order granting Eric E. Medicine's motion in limine and motion to suppress blood evidence obtained by law enforcement after initiating a traffic stop. The arresting officer first informed Medicine that he had impliedly consented to a blood draw by virtue of operating a vehicle in South Dakota, but then asked if Medicine consented to the blood draw. Medicine consented. The State asserts the totality of the circumstances supports a conclusion that Medicine's consent was voluntary. We affirm.

Facts and Procedural History

[¶2] On May 3, 2014, at approximately 8:06 p.m., Rapid City Police Officer Robert Neisen initiated a traffic stop of a vehicle driven by Medicine. After administering field sobriety tests, Officer Neisen arrested Medicine for driving under the influence.[1] Officer Neisen read the Rapid City DUI advisement card to Medicine. The advisement card states:

1. I have arrested you for a violation of SDCL 32-23-1.
2. SDCL 32-23-10 provides that any person who operates a vehicle in this state has consented to the withdrawal of blood or other ...

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