There is often a drug dog in the back of the patrol vehicle. The officer notes that the driver’s carotid artery is pounding, evidentially visible in either the neck or the stomach below the shirt, which the officer contends indicates extreme nervousness. Then the officer asks if there are any drugs or large sums of money in the car. When the driver says no, the trooper finally asks for consent to quickly search the car. When the driver says no, the trooper runs his dog around the car, the dog purportedly alerts to the smell of drugs, and the car is searched. If the driver consents to the search before the dog sniff, the trooper searches. Either way, a search occurs.
South Dakota Highway Drug Stops Crimes
When driving down Interstate 90 it is not unusual to see an out-of-state vehicle pulled over, trunk open, and occupants sitting handcuffed in the ditch, as troopers dig through the vehicle in an apparent search for drugs. South Dakota has drug interdiction officers who pull vehicles over for speeding, following too closely, or some other minor traffic infraction. Sometimes the trooper follows an out-of-state vehicle for miles, usually, a rented car pulls next to it in the passing lane, and studies the driver and occupants. Sometimes the trooper claims the driver looked over and such is “unusual”, other times claiming the driver did not look over and such is “unusual” and then pulls the car over. The driver is brought back to the patrol vehicle to be given a “warning” and when questioned about the destination, origin, plans, and length of the trip. Passengers are also questioned.
In such a case, a motion to suppress may be successful and could result in the dismissal of all charges. Also, even if it is a situation where it is not possible to suppress evidence RENSCH LAW has resolved many cases over the years involving drug possession during a highway stop where the person charged learned their lesson, changed their ways, and went on to a successful productive life—students, business people, housewives, tourists.
Highway Drug Stops & Drug Dog Sniffs
If you or someone you love has been charged with a crime arising from a highway stop, RENSCH LAW has defended many individuals charged with drug possession, conspiracy, or the like. RENSCH LAW has challenged many dog sniff and highway stop cases. RENSCH LAW has won suppression motions which threw out evidence in cases. When evidence is thrown out, it cannot be used against a person to prove the commission of a crime.
RENSCH LAW will use its collective experience and knowledge to help put people in the best position it can under the circumstances. Please remember, that each case is different and rises or falls on its own merits. Results cannot be guaranteed because each case, and the personalities of those involved within it, are different. While RENSCH LAW has won suppression motions, it has also lost them. While many people have been helped in a positive way, people have also gone to prison for a long time. It is a very dangerous charge.
If you’ve been stopped on the highway and your car was searched when you didn’t think it should be, and you didn’t want it to happen, and they maybe found something in your car that shouldn’t have been there, and you’ve been charged with a felony, call me.
Many times people from out of state get in trouble here in South Dakota. It’s often on the highway, Interstate 90 coming right past our town.
People will get pulled over for a minor traffic infraction, and the policeman, the highway patrolman, comes up and talks to him and you think it’s going to be over a minor traffic infraction when in reality you’re dealing with a drug interdiction officer. And he will, uh, try to find a reason to be able to search your car, run a drug dog around the car, ask for search, they often find things and then they charge people with felonies.
We’ve seen the scenario time and time again. I know how to handle those cases, I know how to examine them deeply to see if there’s a violation of your constitutional rights. And if there is, I know how to turn that into a benefit for you where evidence is thrown out, and maybe charges are dismissed.
Even if there’s nothing that can be done by way of a search, there’s all kinds of things which can be done by way of a sentence or by way of a plea and we’re no strangers to that either.
I like to use the experience I’ve had to try to get people good results, even if they are in fact guilty of something and we can work through something and make this horrible event turn into a positive and turn into something that you can come out of so that it doesn’t stick with you.
I’ve been breaking up these stops for decades. I know the law about the stops, I know how to find a violation of your constitutional rights if it’s there, and if there is such a violation I can use that to make charges go away. And if I can’t make them go away, I can make the situation a lot better than you might think. Call me, Rensch Law.
Drugs: Possession of drugs in their many and various forms often result in criminal charges against the person found in possession of those drugs. Whether it be marijuana or other substances, the gravamen is knowledge. One must be in “knowing” possession or possess a drug “knowingly.”
South Dakota is also the only state in the union which defines possession to include a positive drug test. This means if a person tests positive for a certain drug because it exists within the body, such constitutes possession of the drug under state law. For example, if a urinalysis shows the metabolites or marijuana, you can be charged with possession the same way you could be if you had a baggie of the drug in your hand.
The good news is that recent changes in the criminal laws and in the sentencing practices are such that the focus is on rehabilitation instead of incarceration. While prison is still possible, and some jail time is probable, if a person is ready to seek treatment and mend their ways, the system will recognize sincere attempts to do so. RENSCH LAW can help you or your loved one through these charges. If RENSCH LAW can find a defense we are fully capable of trying a jury trial asserting said defense.
If a person has a drug problem and wants help with the plea, sentencing, and rehabilitation process, we have the resources and experience to guide you through and advise you accordingly. RENSCH LAW routinely handles drug cases in both state and federal courts and has tried federal drug conspiracies, federal possession charges, and state drug cases as well.
South Dakota State Legislature Codified Drug Possession Laws
22-42-2. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances
Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; create or distribute a counterfeit substance listed in Schedules I or II; or possess with intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this section is a Class 4 felony. However, a violation of this section is a Class 3 felony if three or more of the following aggravating circumstances apply:
(1) The person is in possession of three hundred dollars or more in cash;
(2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8);
(3) The person is in possession of bulk materials used for the packaging of controlled substances;
(4) The person is in possession of materials used to manufacture a controlled substance including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or
(5) The person is in possession of drug transaction records or customer lists.
The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least ten years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least fifteen years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence, may not form the basis for reducing the mandatory time of incarceration required by this section.
Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section, and occurring within fifteen years prior to the date of the violation being charged, must be used to determine if the violation being charged is a second or subsequent offense.
Any person who, for consideration, intentionally distributes any controlled substance or counterfeit substance in violation of this section and another person dies as a direct result of using that substance is guilty of a Class 2 felony. If three or more of the above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the substance is fentanyl and the person knew the substance was fentanyl, the person is guilty of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony.
A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.
For further information from the South Dakota Legislature.
22-42-3. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony
Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least ninety days, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least two years, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.
For further information from the South Dakota Legislature.
22-42-4. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony
Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony.
For further information from the South Dakota Legislature.
22-42-5. Unauthorized possession of controlled drug or substance as felony
No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner’s professional practice or except as otherwise authorized by chapter 34-20B. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of § 22-42-5.1. A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony.
Request a Confidential Legal Consultation
NOTICE: Do not send sensitive information in your initial communication with my office. If I represent an adverse party in your case, such information could be used against you. Please allow for a conflict check to be conducted before sending sensitive information.
