State v. Lee

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A law enforcement officer need not have independent authority to make an arrest under S.D. Codified Laws 23A-3-2 before taking a person placed under a citizen’s arrest into custody and performing a search incident to that arrest. Defendant in this case was validly placed under citizen’s arrest for theft by an asset protection associate at Walmart. The associate contacted law enforcement, who took Defendant into custody and searched her purse. Law enforcement found a pipe with methamphetamine residue. The circuit court granted Defendant's motion to suppress all evidence obtained from the search. The Supreme Court reversed based on South Dakota’s statutes concerning a citizen’s arrest and court precedent, holding that Defendant was validly placed under citizen’s arrest, and the responding law enforcement officer who took her into custody properly performed a search incident to that arrest. View "State v. Lee" on Justia Law