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State v. Running Shield

Supreme Court of South Dakota

October 28, 2015

STATE OF SOUTH DAKOTA, Plaintiff and Appellee,
v.
ANTONIO M. RUNNING SHIELD, Defendant and Appellant

Argued October 7, 2015

As Amended January 7, 2016.

APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT PENNINGTON COUNTY, SOUTH DAKOTA. THE HONORABLE WALLY EKLUND, Judge.

Affirmed.

MARTY J. JACKLEY, Attorney General, JARED TIDEMANN, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

TODD A. LOVE, Rapid City, South Dakota, Attorney for defendant and appellant.

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

OPINION

SEVERSON, Justice

Page 504

[¶1] Antonio Running Shield was searched pursuant to a search warrant with an " all persons" provision. He was found in possession of illegal drugs and subsequently convicted of possession of a controlled substance and possession of marijuana. On appeal, he asserts that the affidavit in support of the search warrant lacked probable cause for the " all persons" provision and therefore the circuit court erred by failing to suppress evidence obtained as a result of the search. We affirm.

Background

[¶2] On November 6, 2012, a confidential informant approached law enforcement in Rapid City and indicated that the informant could purchase methamphetamine from Travis Maho. The informant stated that he or she had purchased such drugs in the past and that Maho currently resided on Haines Avenue but he also stayed at motels and hotels around Rapid City. As a result, law enforcement directed the informant to arrange a controlled buy with Maho. On November 6, 2012, the informant met Maho at the Super 8 Motel in Rapid City and bought methamphetamine. On November 29, 2012, another controlled buy was arranged and successfully completed, this time at Maho's residence on Haines Avenue. The confidential informant told law enforcement that he or she always enters the Haines residence from the alleyway, as was done on this occasion. Further, the informant told law enforcement that Brandi White also lived at this house and that she used drugs, but the

Page 505

informant did not think that she was ...


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