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The South Dakota Supreme Court this week decided to deny an attempt to suppress drugs found during a traffic stop a woman claimed was unlawfully prolonged to seize the drugs in December 2016.
Bree Barry was driving a Colorado rental car eastbound on I-90 near Sioux Falls on Dec. 2, 2016, when a Highway Patrol trooper pulled her over for going 9 mph over the speed limit, according to the South Dakota Supreme Court decision. The trooper called in a drug-detecting canine and, after asking Barry a few questions, found marijuana and other controlled substances in a suitcase.
Read the full opinion: SD Supreme Court State v. Barry decision
Barry and her Minnehaha County public defender Beau Blouin in circuit court made a motion to suppress that drug evidence, claiming it was seized in an unlawfully prolonged traffic stop without a reasonable suspicion of drug presence.
The circuit court approved it, but the state appealed, saying the circuit court erred in suppressing the evidence.
Barry had told the trooper she was driving back to Wisconsin from Colorado. She had flown into Colorado and was driving a rental car — rented in a friend’s name —- home. The trooper said he would reduce the citation to a violation for going 5 mph over the speed limit.
Throughout the traffic stop, the trooper “observed additional unusual signs of nervousness in Barry,” according to the opinion, including a shaky hand and the smell of marijuana on her. She told the trooper she had drug issues in the past.
Barry told the trooper she had a