21 South Dakota opinions name it 1 courts 1991–2018 0 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Terry v. Ohiogreen2 sentences2003As we specifically acknowledged in Ballard , "[w]hether a particular intrusion will fall into the Terry exception will be decided by balancing the `quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.'" Ballard, 2000 SD 134, ¶ 10 , 617 N.W.2d at 840 (citing Place, 462 U.S. at 703 , 103 S.Ct. at 2642 , 77 L.Ed.2d at 118 ; Terry, 392 U.S. at 20 , 88 S.Ct. at 1879 , 20 L.Ed.2d at 905 ). [¶ 16.] Unlike Ballard , however, the officer in this case did not complete the traffic stop and then objec 2003As we specifically acknowledged in Ballard , "[w]hether a particular intrusion will fall into the Terry exception will be decided by balancing the `quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.'" Ballard, 2000 SD 134, ¶ 10 , 617 N.W.2d at 840 (citing Place, 462 U.S. at 703 , 103 S.Ct. at 2642 , 77 L.Ed.2d at 118 ; Terry, 392 U.S. at 20 , 88 S.Ct. at 1879 , 20 L.Ed.2d at 905 ). [¶ 16.] Unlike Ballard , however, the officer in this case did not complete the traffic stop and then objec | 3 | 8 |
State v. Lownesgreen2 sentences2017State v. Lownes, 499 N.W.2d 896, 899 (S.D. 1993) (anonymous tip detailing the vehicle and route taken by an allegedly intoxicated motorcyclist held sufficiently predictive to justify a Terry stop); see also White, 496 U.S. 325, 332 , 110 S.Ct. at 2417 (anonymous tip with sufficient indicia of reliability may justify investigative stop). [¶29.] So what information did Deputy Kriese have from which to form reasonable suspicion, which is a minimal standard lower than probable cause? 2017State v. Lownes, 499 N.W.2d 896, 899 (S.D. 1993) (anonymous tip detailing the vehicle and route taken by an allegedly intoxicated motorcyclist held sufficiently predictive to justify a Terry stop); see also White, 496 U.S. 325, 332 , 110 S. Ct. at 2417 (anonymous tip with sufficient indicia of reliability may justify investigative stop). 10. | 3 | 4 |
United States v. Holtgreen2 sentences2003United States v. Bloomfield, 40 F.3d 910, 915 (8thCir.1994). [6] See e.g., United States v. Holt, 229 F.3d 931, 935 (10thCir.2000) (rejecting the proposition of Currency that Terry analysis is not applicable in such cases and stating that the Eighth Circuit's opinion had "little support and questionable analysis"). 2003See e.g. , United States v. Holt, 229 F3d 931, 935 (10thCir 2000) (rejecting the proposition of Currency that Terry analysis is not applicable in such cases and stating that the Eighth Circuitâs opinion had âlittle support and questionable analysisâ). | 2 | 2 |
Alabama v. Whitegreen2 sentences2017State v. Lownes, 499 N.W.2d 896, 899 (S.D. 1993) (anonymous tip detailing the vehicle and route taken by an allegedly intoxicated motorcyclist held sufficiently predictive to justify a Terry stop); see also White, 496 U.S. 325, 332 , 110 S. Ct. at 2417 (anonymous tip with sufficient indicia of reliability may justify investigative stop). 10. 2017State v. Lownes, 499 N.W.2d 896, 899 (S.D. 1993) (anonymous tip detailing the vehicle and route taken by an allegedly intoxicated motorcyclist held sufficiently predictive to justify a Terry stop); see also White, 496 U.S. 325, 332 , 110 S. Ct. at 2417 (anonymous tip with sufficient indicia of reliability may justify investigative stop). 10. | 1 | 5 |
State v. Ballardgreen2 sentences2003As we specifically acknowledged in Ballard , "[w]hether a particular intrusion will fall into the Terry exception will be decided by balancing the `quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.'" Ballard, 2000 SD 134, ¶ 10 , 617 N.W.2d at 840 (citing Place, 462 U.S. at 703 , 103 S.Ct. at 2642 , 77 L.Ed.2d at 118 ; Terry, 392 U.S. at 20 , 88 S.Ct. at 1879 , 20 L.Ed.2d at 905 ). [¶ 16.] Unlike Ballard , however, the officer in this case did not complete the traffic stop and then objec 2003As we specifically acknowledged in Ballard , "[w]hether a particular intrusion will fall into the Terry exception will be decided by balancing the `quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.'" Ballard, 2000 SD 134, ¶ 10 , 617 N.W.2d at 840 (citing Place, 462 U.S. at 703 , 103 S.Ct. at 2642 , 77 L.Ed.2d at 118 ; Terry, 392 U.S. at 20 , 88 S.Ct. at 1879 , 20 L.Ed.2d at 905 ). [¶ 16.] Unlike Ballard , however, the officer in this case did not complete the traffic stop and then objec | 1 | 3 |
United States v. Edwin Martinez, Jr., Also Known as Edwin Martinez Franco, Jr.green1 sentence2017See also United States v. Martinez, 462 F.3d 903, 909 (8th Cir. 2006) (rejecting government’s claim that, “so long as [an] encounter remained a Terry stop, no Miranda warnings were required.”). [¶8.] To determine whether an individual was in custody we utilize a two part test: *540 First, what were the circumstances surrounding the interrogation; and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. | 1 | 1 |
State v. Olhausengreen1 sentence2015“An informant’s tip may carry sufficient ‘indicia of reliability’ to justify a Terry stop even though it fails to rise to the level of the probable cause needed for an arrest or search warrant.” State v. Olhausen, 1998 S.D. 120 , ¶ 7, 587 N.W.2d 715, 717-18 (citing Alabama v. White, 496 U.S. 325, 328 , 110 S.Ct. 2412, 2415 , 110 L.Ed.2d 301 (1990)). | 1 | 1 |
State v. Burkettgreen1 sentence2015“The tip’s degree of reliability depends on the quantity and quality of the tipster’s information.” State v. Burkett, 2014 S.D. 38 , ¶ 47, 849 N.W.2d 624, 636 (quoting State v. Herren, 2010 S.D. 101, ¶ 17 , 792 N.W.2d 551, 556 ). [¶ 14.] Here, Dunteman was an on-duty, student-patrol officer, not just an anonymous tipster. 2 Officer Anderson, therefore, had reason to trust the report received from Dunteman. | 1 | 1 |
United States v. Gregory B. Bloomfield, Also Known as Earl Marcum Johnsongreen1 sentence2003United States v. Bloomfield, 40 F.3d 910, 915 (8thCir.1994). [6] See e.g., United States v. Holt, 229 F.3d 931, 935 (10thCir.2000) (rejecting the proposition of Currency that Terry analysis is not applicable in such cases and stating that the Eighth Circuit's opinion had "little support and questionable analysis"). | 1 | 1 |
United States v. Arvizugreen2 sentences2002Id. at 274 , 122 S.Ct. at 751 , 151 L.Ed.2d 740, 750 (citing Terry, 392 U.S. at 22, 88 S.Ct. at 1868, 20 L.Ed.2d at 906). 2002Id. at 274 , 122 S.Ct. at 751 , 151 L.Ed.2d 740, 750 (citing Terry, 392 U.S. at 22, 88 S.Ct. at 1868, 20 L.Ed.2d at 906). | 1 | 1 |
State v. Ventogreen2 sentences2000State v. Vento, 1999 SD 158, ¶ 8 , 604 N.W.2d 468, 470 (citing State v. Cuny, 534 N.W.2d 52, 53 (S.D.1995)). 2000State v. Vento, 1999 SD 158, ¶ 8 , 604 N.W.2d 468, 470 (citing State v. Cuny, 534 N.W.2d 52, 53 (S.D.1995)). | 1 | 1 |
State v. Cunygreen2 sentences2000State v. Vento, 1999 SD 158, ¶ 8 , 604 N.W.2d 468, 470 (citing State v. Cuny, 534 N.W.2d 52, 53 (S.D.1995)). 2000State v. Vento, 1999 SD 158, ¶ 8 , 604 N.W.2d 468, 470 (citing State v. Cuny, 534 N.W.2d 52, 53 (S.D.1995)). | 1 | 1 |
State v. Wrightgreen2 sentences2000Id. at 297. 2000Id. at 297. | 1 | 1 |
United States v. Wilson Mitchell, United States of America v. Ricky Zollicoffergreen2 sentences1999The court stated: “[p]olice officers are justified in conducting a brief investigative Terry stop if an officer is ‘able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.’ ” Id. (quoting Terry, 392 U.S. at 21 , 88 S.Ct. at 1880 , 20 L.Ed.2d at 906 ) (other citations omitted). [¶ 14.] “In addition, the Fourth Amendment is no bar to the police ‘stopping and questioning motorists when they witness or suspect a violation of traffic laws, even if the offense is a minor one.’ ” Id. (quoting United States v. 1999The court stated: "[p]olice officers are justified in conducting a brief investigative Terry stop if an officer is `able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.'" Id. (quoting Terry, 392 U.S. at 21 , 88 S.Ct. at 1880 , 20 L.Ed.2d at 906 ) (other citations omitted). [¶ 14.] "In addition, the Fourth Amendment is no bar to the police `stopping and questioning motorists when they witness or suspect a violation of traffic laws, even if the offense is a minor one.'" Id. (quoting United States v. Mi | 1 | 1 |
United States v. Perry L. McBride and Roy Villanuevagreen1 sentence1993White, 496 U.S. at 330 , 110 S.Ct. at 2416 , 110 L.Ed.2d at 309 ; United States v. McBride, 801 F.2d 1045, 1047 (8th Cir.1986). | 1 | 1 |
People v. Foxgreen2 sentences1991App.3d 58 , 52 Ill.Dec. 219, 223 , 421 N.E.2d 1082, 1086 (1981) (”[T]he mere fact that the vehicle drove away at the approach of a squad car does not serve as a justifiable basis for conducting a Terry stop.”); ... 1991App.3d 58 , 52 Ill.Dec. 219, 223 , 421 N.E.2d 1082, 1086 (1981) (”[T]he mere fact that the vehicle drove away at the approach of a squad car does not serve as a justifiable basis for conducting a Terry stop.”); ... | 1 | 1 |
People v. Shabazgreen2 sentences1991People v. Sha-baz, 424 Mich. 42 , 378 N.W.2d 451, 460 (1985) (Flight "does not alone supply the particularized, reasoned, articulable basis to conclude that criminal activity [is] afoot.”). 1991People v. Sha-baz, 424 Mich. 42 , 378 N.W.2d 451, 460 (1985) (Flight "does not alone supply the particularized, reasoned, articulable basis to conclude that criminal activity [is] afoot.”). | 1 | 1 |
McClain v. Stategreen1 sentence1991No adverse inference may be drawn from such a desire."); McClain v. State, 408 So.2d 721, 722 (Fla.Dist.Ct.App.1982) (Defendant's "behavior which, taken for its most insidious implications, indicated only that he wanted to avoid police, could not give rise to a reasonable suspicion that he was engaged in criminal activity."); People v. Fox, 97 Ill.App.3d 58 , 52 Ill.Dec. 219, 223 , 421 N.E.2d 1082, 1086 (1981) ("[T]he mere fact that the vehicle drove away at the approach of a squad car does not serve as a justifiable basis for conducting a Terry stop."); ... | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Place
green
2 sentences2003As we specifically acknowledged in Ballard , "[w]hether a particular intrusion will fall into the Terry exception will be decided by balancing the `quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.'" Ballard, 2000 SD 134, ¶ 10 , 617 N.W.2d at 840 (citing Place, 462 U.S. at 703 , 103 S.Ct. at 2642 , 77 L.Ed.2d at 118 ; Terry, 392 U.S. at 20 , 88 S.Ct. at 1879 , 20 L.Ed.2d at 905 ). [¶ 16.] Unlike Ballard , however, the officer in this case did not complete the traffic stop and then objec 2003As we specifically acknowledged in Ballard , "[w]hether a particular intrusion will fall into the Terry exception will be decided by balancing the `quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.'" Ballard, 2000 SD 134, ¶ 10 , 617 N.W.2d at 840 (citing Place, 462 U.S. at 703 , 103 S.Ct. at 2642 , 77 L.Ed.2d at 118 ; Terry, 392 U.S. at 20 , 88 S.Ct. at 1879 , 20 L.Ed.2d at 905 ). [¶ 16.] Unlike Ballard , however, the officer in this case did not complete the traffic stop and then objec | 3 | 2000–2003 |
United States v. Hensley
green
2 sentences2018Thus, "if police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion." United States v. Hensley , 469 U.S. 221 , 229, 105 S.Ct. 675 , 680, 83 L.Ed.2d 604 (1985). 2018Thus, "if police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion." United States v. Hensley , 469 U.S. 221 , 229, 105 S.Ct. 675 , 680, 83 L.Ed.2d 604 (1985). | 2 | 1993–2018 |
United States of America v. $ 404,905.00 in U.S. Currency, Stephen Alexander
green
2 sentences2003As the Eighth Circuit Court of Appeals reasoned in United States v. $404,905 in U.S. Currency, 182 F.3d 643 (8thCir.1999), Terry stops are properly done where the officers detain persons with only reasonable suspicion that criminal activity is afoot. 2003As the Eighth Circuit Court of Appeals reasoned in United States v. $404,905 in U.S. Currency, 182 F.3d 643 (8thCir.1999), Terry stops are properly done where the officers detain persons with only reasonable suspicion that criminal activity is afoot. | 2 | 2003–2003 |
Maryland v. Shatzer
green
2 sentences2017The Court has reiterated that- “the temporary and relatively nonthreatening detention involved in a traffic or Terry stop does not constitute Miranda custody.” Howes v. Fields, 565 U.S. 499, 510 , 132 S.Ct. 1181, 1190 , 182 L.Ed.2d 17 (2012) (quoting Maryland v. Shatter, 559 U.S. 98, 113 , 130 S.Ct. 1213, 1224 , 175 L.Ed.2d 1045 (2010)). [¶7.] Nevertheless, in Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138, 3150 , 82 L.Ed.2d 317 (1984), when the Court addressed whether roadside questioning during routine traffic stops constituted custodial interrogation, it compared traffic stops to T 2017The Court has reiterated that- “the temporary and relatively nonthreatening detention involved in a traffic or Terry stop does not constitute Miranda custody.” Howes v. Fields, 565 U.S. 499, 510 , 132 S.Ct. 1181, 1190 , 182 L.Ed.2d 17 (2012) (quoting Maryland v. Shatter, 559 U.S. 98, 113 , 130 S.Ct. 1213, 1224 , 175 L.Ed.2d 1045 (2010)). [¶7.] Nevertheless, in Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138, 3150 , 82 L.Ed.2d 317 (1984), when the Court addressed whether roadside questioning during routine traffic stops constituted custodial interrogation, it compared traffic stops to T | 1 | 2017–2017 |
Howes v. Fields
green
2 sentences2017The Court has reiterated that- “the temporary and relatively nonthreatening detention involved in a traffic or Terry stop does not constitute Miranda custody.” Howes v. Fields, 565 U.S. 499, 510 , 132 S.Ct. 1181, 1190 , 182 L.Ed.2d 17 (2012) (quoting Maryland v. Shatter, 559 U.S. 98, 113 , 130 S.Ct. 1213, 1224 , 175 L.Ed.2d 1045 (2010)). [¶7.] Nevertheless, in Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138, 3150 , 82 L.Ed.2d 317 (1984), when the Court addressed whether roadside questioning during routine traffic stops constituted custodial interrogation, it compared traffic stops to T 2017The Court has reiterated that- “the temporary and relatively nonthreatening detention involved in a traffic or Terry stop does not constitute Miranda custody.” Howes v. Fields, 565 U.S. 499, 510 , 132 S.Ct. 1181, 1190 , 182 L.Ed.2d 17 (2012) (quoting Maryland v. Shatter, 559 U.S. 98, 113 , 130 S.Ct. 1213, 1224 , 175 L.Ed.2d 1045 (2010)). [¶7.] Nevertheless, in Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138, 3150 , 82 L.Ed.2d 317 (1984), when the Court addressed whether roadside questioning during routine traffic stops constituted custodial interrogation, it compared traffic stops to T | 1 | 2017–2017 |
Berkemer v. McCarty
green
2 sentences2017The Court has reiterated that- “the temporary and relatively nonthreatening detention involved in a traffic or Terry stop does not constitute Miranda custody.” Howes v. Fields, 565 U.S. 499, 510 , 132 S.Ct. 1181, 1190 , 182 L.Ed.2d 17 (2012) (quoting Maryland v. Shatter, 559 U.S. 98, 113 , 130 S.Ct. 1213, 1224 , 175 L.Ed.2d 1045 (2010)). [¶7.] Nevertheless, in Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138, 3150 , 82 L.Ed.2d 317 (1984), when the Court addressed whether roadside questioning during routine traffic stops constituted custodial interrogation, it compared traffic stops to T 2017The Court has reiterated that- “the temporary and relatively nonthreatening detention involved in a traffic or Terry stop does not constitute Miranda custody.” Howes v. Fields, 565 U.S. 499, 510 , 132 S.Ct. 1181, 1190 , 182 L.Ed.2d 17 (2012) (quoting Maryland v. Shatter, 559 U.S. 98, 113 , 130 S.Ct. 1213, 1224 , 175 L.Ed.2d 1045 (2010)). [¶7.] Nevertheless, in Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138, 3150 , 82 L.Ed.2d 317 (1984), when the Court addressed whether roadside questioning during routine traffic stops constituted custodial interrogation, it compared traffic stops to T | 1 | 2017–2017 |
State v. Herren
green
2 sentences2015“The tip’s degree of reliability depends on the quantity and quality of the tipster’s information.” State v. Burkett, 2014 S.D. 38 , ¶ 47, 849 N.W.2d 624, 636 (quoting State v. Herren, 2010 S.D. 101, ¶ 17 , 792 N.W.2d 551, 556 ). [¶ 14.] Here, Dunteman was an on-duty, student-patrol officer, not just an anonymous tipster. 2 Officer Anderson, therefore, had reason to trust the report received from Dunteman. 2015“The tip’s degree of reliability depends on the quantity and quality of the tipster’s information.” State v. Burkett, 2014 S.D. 38 , ¶ 47, 849 N.W.2d 624, 636 (quoting State v. Herren, 2010 S.D. 101, ¶ 17 , 792 N.W.2d 551, 556 ). [¶ 14.] Here, Dunteman was an on-duty, student-patrol officer, not just an anonymous tipster. 2 Officer Anderson, therefore, had reason to trust the report received from Dunteman. | 1 | 2015–2015 |
Brown v. Texas
green
2 sentences2011If the court concluded that articulable suspicion justified the Terry stop, it is axiomatic that an officer’s articulable or reasonable suspicion is evaluated based on "objective facts.” Brown v. Texas, 443 U.S. 47, 51 , 99 S.Ct. 2637, 2640 , 61 L.Ed.2d 357 (1979). 2011If the court concluded that articulable suspicion justified the Terry stop, it is axiomatic that an officer’s articulable or reasonable suspicion is evaluated based on "objective facts.” Brown v. Texas, 443 U.S. 47, 51 , 99 S.Ct. 2637, 2640 , 61 L.Ed.2d 357 (1979). | 1 | 2011–2011 |
United States v. John B. Crawford
green
1 sentence2008Citing to Buchannon’s comparable facts, the circuit court in today’s case similarly found that the van’s interaction with the suspected drug dealer, and especially the van’s return to the residence, created reasonable suspicion. [¶ 12.] Quartier argues, however, that the facts of this case are more similar to United States v. Crawford, 891 F.2d 680 (8th Cir.1989), in which the court suppressed evidence resulting from a Terry stop. | 1 | 2008–2008 |
Illinois v. Wardlow
green
2 sentences2001Id. 2001Id. | 1 | 2001–2001 |
United States v. Willie J. Tipton
green
2 sentences1999The court stated: “[p]olice officers are justified in conducting a brief investigative Terry stop if an officer is ‘able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.’ ” Id. (quoting Terry, 392 U.S. at 21 , 88 S.Ct. at 1880 , 20 L.Ed.2d at 906 ) (other citations omitted). [¶ 14.] “In addition, the Fourth Amendment is no bar to the police ‘stopping and questioning motorists when they witness or suspect a violation of traffic laws, even if the offense is a minor one.’ ” Id. (quoting United States v. 1999Thus, Harrison was also justified in “conducting a brief investigative Terry stop.” See Tipton, 3 F.3d at 1122 . | 1 | 1999–1999 |
Adams v. Williams
green
2 sentences1993We there assumed that the unverified tip from the known informant might not have been reliable enough to establish probable cause, but nevertheless found it sufficiently reliable to justify a Terry stop. 407 U.S. at 147 , 32 L.Ed.2d 612 , 92 S.Ct. at 1923-24 . 1993We there assumed that the unverified tip from the known informant might not have been reliable enough to establish probable cause, but nevertheless found it sufficiently reliable to justify a Terry stop. 407 U.S. at 147 , 32 L.Ed.2d 612 , 92 S.Ct. at 1923-24 . | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.