on Briefs February 16, 2016
FROM THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
BROOKINGS COUNTY, SOUTH DAKOTA. THE HONORABLE GREGORY J.
J. JACKLEY, Attorney General, CAROLINE SRSTKA, Assistant
Attorney General, Pierre, South Dakota, Attorneys for
plaintiff and appellee.
M. MCCARTY, BENJAMIN L. KLEINJAN of, Helsper, McCarty,
Mahlke, & Kleinjan, P.C., Brookings, South Dakota,
Attorneys for defendant and appellant.
Justice. GILBERTSON, Chief Justice, and ZINTER, WILBUR, and
KERN, Justices, concur.
[¶1] Terron Olson appeals his convictions
for driving under the influence and having an open container
of alcohol in a motor vehicle. Olson asserts that the law
enforcement officer lacked reasonable suspicion to initiate
the traffic stop. Therefore, he alleges that the magistrate
court and circuit court erred by failing to suppress evidence
from the traffic stop. We affirm.
[¶2] At approximately 2:50 a.m. on November
1, 2014, Officer Burgard was traveling eastbound on 7th
Street in Brookings, South Dakota. As he approached the
intersection of 12th Avenue and 7th Street, he observed a
vehicle traveling northbound on 12th Avenue. The vehicle came
to a complete stop at the intersection for 15 to 30 seconds
even though there was no stop sign or traffic signal which
required the vehicle to stop. East- and west-bound traffic is
subject to a stop sign at that intersection, so Burgard came
to a complete stop upon reaching the intersection. After
Burgard stopped his vehicle, the other vehicle turned west
onto 7th Street, driving past Burgard's vehicle. Burgard
activated his audio and visual recorder and initiated a
traffic stop. The driver of the vehicle identified himself as
Terron Olson. Burgard determined that Olson had been
consuming alcohol and placed him under arrest for driving
under the influence.
[¶3] On January 9, 2015, Olson filed a
motion to suppress evidence from the traffic stop. He alleged
that the officer lacked reasonable suspicion to stop
Olson's vehicle. An evidentiary hearing before a
magistrate court was held on January 26, 2015. The court
denied Olson's motion. A stipulated court trial was held
on May 11, 2015. The court found Olson guilty of driving
under the influence and of having an open container of
alcohol in a motor vehicle. Olson appealed his convictions to
the circuit court, which upheld the magistrate court's
determination that the officer had reasonable suspicion to
initiate the traffic stop, thereby refusing suppression of
the evidence. On appeal to this Court, Olson asserts that the
officer lacked reasonable suspicion to initiate the traffic
[¶4] We review de novo a motion to suppress
based on an alleged violation of a constitutionally protected
right. State v. Rademaker, 2012 S.D. 28, ¶ 7,
813 N.W.2d 174, 176. We review the trial court's factual
findings " under the clearly erroneous standard. Once
the facts have been determined, however, the application of a
legal standard to those facts is a question of law reviewed
de novo. This Court will not be restricted by the ...