State v. Noteboom

758 N.W.2d 457 (S.D. 2008) · Supreme Court of South Dakota · November 25, 2008 · No. No. 24665

Summary

Aaron Noteboom appealed his conviction for driving under the influence, arguing that the investigatory stop of his vehicle violated the Fourth Amendment and the South Dakota Constitution. The Supreme Court of South Dakota held that, under the totality of the circumstances, the officers had reasonable suspicion to conduct the stop and affirmed the conviction.

Court
Supreme Court of South Dakota
Writing for the Court
Meierhenry, Justice; Gilbertson, Chief Justice; Konenkamp, Justice; Sabers, Justice; Zinter, Justice
Jurisdiction
South Dakota
Decision date
November 25, 2008
Docket number
No. 24665
Procedural posture
Noteboom appealed his conviction for driving under the influence of alcohol after the circuit court denied his motion to suppress evidence obtained following an investigatory traffic stop.
Standard of review
The constitutionality of a suppression ruling is reviewed de novo as a question of law, while the reviewing court gives due weight to factual inferences drawn by the circuit court and local law enforcement officers.
Precedential value
Published South Dakota Supreme Court opinion; precedential.
Parties
Aaron Noteboom v. State of South Dakota
Disposition
affirmed

Topics

fourth amendmentsearch and seizuresuppression of evidencecriminal procedureconstitutional law

Practice areas

Criminal procedureConstitutional lawDUI

Questions Presented

  1. Whether the officers had reasonable suspicion under the Fourth Amendment and the South Dakota Constitution to stop Noteboom's vehicle.
  2. Whether the stop, detention, and subsequent search violated Noteboom's constitutional rights.

Holdings

  1. The stop was constitutionally permissible because, considering the totality of the circumstances, the officers had a specific and articulable, though minimal, objective basis to suspect that criminal activity might be afoot.
  2. The circuit court properly denied the motion to suppress because the stop did not violate Noteboom's constitutional rights.

Key quotations

Although these circumstances constitute a minimal objective justification for an investigatory stop, we determine they are reasonable under the totality of the circumstances. (¶ 13)

Factual background

At approximately 2:00 a.m., officers saw automobile headlights appear and disappear near a storage area on private property in Corsica, South Dakota. Deputy Strid followed fresh tire tracks onto the property and observed a vehicle parked behind a building with its headlights off; when the vehicle's headlights came on and it began to leave, Chief Banghart stopped it. The officers acknowledged that Noteboom had committed no traffic or vehicle violation, but after the stop Banghart observed that Noteboom was intoxicated and arrested him for driving under the influence.

Procedural history

Deputy sheriffs stopped Noteboom after observing a vehicle enter private storage property at approximately 2:00 a.m., remain there with its headlights off, and abruptly leave when an officer approached. The circuit court denied Noteboom's suppression motion, found the stop constitutional, and convicted him of driving under the influence of alcohol. The South Dakota Supreme Court affirmed.

Court Document

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