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· 11/30/1983

In re the Voluntary Liquidation of R-V Land, USA

Citations

  • 340 N.W.2d 458
  • 1983 S.D. LEXIS 431

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that strong odor of alcohol, standing alone, does not constitute probable cause to search vehicle for open container of alcohol
  • recognizing \bright-line rule\ established in MacDonald
  • if facts on motion to suppress are undisputed, question becomes one of law subject to unlimited review on appeal
  • “Country common sense would likewise lead one to believe that an intoxicated person would be more likely to have an open container in the vehicle from which he or she had been drinking than a sober person who had passed the field sobriety tests.”
  • “Country common sense would likewise lead one to believe that an intoxicated person would be more likely to have an open container in the vehicle from which he or she had been drinking than a sober person who had passed the field sobriety tests.”
  • “Country common sense would likewise lead one to believe that an intoxicated person would be more likely to have an open container in the vehicle from which he or she had been drinking than a sober person who had passed the field sobriety tests.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Morgan

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.