State v. Ballard
617 N.W.2d 837, 617 N.W.2d 837, 2000 SD 134, 2000 SD 134, SD.0042166(2000)
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Reversed Considered On Briefs On September 18, 2000 Opinion Filed 10/18/00 [1.] If, after issuing a traffic warning, an officer tells a driver she is free to leave but asks for her consent to search her vehicle for drugs, and she refuses, may the officer then detain the driver to await the use of a drug dog? The defendant argues that the officer had insufficient legal grounds to continue detaining her after she was told she was free to go. The circuit court denied her motion to suppress, but we conclude that it should have been granted and reverse. A.