State of South Dakota v. Uriah Tullous

Summary

The Supreme Court of South Dakota held that Uriah Tullous, a regular social guest in the searched residence, had a reasonable expectation of privacy sufficient to challenge the search warrant. Because the search violated his Fourth Amendment rights, the court ordered suppression of the evidence obtained in the search and reversed his convictions. The court did not reach the issues concerning bodily-fluid evidence, rehearing of the suppression motion, or the requested misdemeanor-ingestion jury instruction.

Holdings

1. A regular social guest who has ready access to a residence, regularly stays overnight, and maintains a longstanding friendship with the homeowner has a reasonable expectation of privacy in the home that society is prepared to recognize as reasonable. Tullous therefore had Fourth Amendment standing to challenge the search, and the evidence obtained through the illegal search had to be suppressed.

Questions Presented

1. Whether Tullous had a reasonable expectation of privacy in Hall's home sufficient to challenge the search under the Fourth Amendment.
2. Whether the trial court erred in refusing to suppress bodily-fluid evidence obtained without a warrant.
3. Whether the trial court erred in refusing to grant a rehearing of the suppression motion.
4. Whether the trial court erred in refusing to instruct the jury on misdemeanor ingestion as a lesser-included offense of possession.

Disposition

reversed