South Dakota: Supreme Court citation practice | Citation rule(s)


Examples from State v. Britton, 2009 SD 75, 772 N.W.2d 899

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[¶4] In recent years, federal and state courts have grappled with many contentious South Dakota cases dealing with the challenged use and reliability of drug detection dogs. See, e.g., Chavez v. Weber, 497 F.3d 796 (8th Cir.2007); United States v. Olivera-Mendez, 484 F.3d 505 (8th Cir. 2007); State v. Bergee, 2008 SD 67, 753 N.W.2d 911; State v. Nguyen, 2007 SD 4, 726 N.W.2d 871; State v. Lockstedt, 2005 SD 47, 695 N.W.2d 718; State v. Mattson, 2005 SD 71, 698 N.W.2d 538; State v. Chavez, 2003 SD 93, 668 N.W.2d 89; State v. DeLaRosa, 2003 SD 18, 657 N.W.2d 683; State v. Ballard, 2000 SD 134, 617 N.W.2d 837; State v. Hanson, 1999 SD 9, 588 N.W.2d 885. At the heart of many of these cases is the question of the competence and reliability of the drug dog and its handler.

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[¶5] In 2004, perhaps in response to these continuing questions, the South Dakota Legislature supervened with a statute requiring mandatory certification. "Each law enforcement canine team in the state shall be initially certified and annually recertified in one or more of the following specialties: ... The detection of the odors of drugs and controlled substances[.]" DCL 23-3-35.4(1) (emphasis added). As part of the certification process, the Legislature imposed on the Law Enforcement Officers Standards and Training Commission the mandatory duty to "establish standards and criteria for canine certification and recertification." SDCL 23-3-35.5. In June 2005, the Commission adopted standards and criteria for police canine certification. ARSD 2:01:13:01 et seq. These standards prohibit a "state, county, or municipal agency, and [a] state, county, or municipal law enforcement agency or [a] law enforcement officer" from using a canine to assist in drug detection, "unless the canine and its handler are certified by the commission as a canine team." ARSD 2:01:13:02. Certification by the Commission expires one year from the date of issuance unless the canine team renews its certificate. ARSD 2:01:13:04.

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S.D. R. App. P. § 15-26A-69.1, http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=15-26A-69.1.

(1) The initial citation of any published opinion of the Supreme Court released prior to January 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the volume and page number of the South Dakota Reports or North Western Reporter in which the opinion is published. Subsequent citations within the brief, document, or memorandum shall include the page number and sufficient references to identify the initial citation.

(2) The initial citation of any published opinion of the Supreme Court released on or after January 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the calendar year in which the decision was announced, the Court designation of "S.D.", and a sequential number assigned by the Clerk of the Supreme Court. Citation to specific portions of the opinion shall be made to the paragraph number assigned by the Clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, document, or memorandum shall include the paragraph number and sufficient references to identify the initial citation.

When available, initial citations shall include the volume and initial page number of the North Western Reporter in which the opinion is published.

S.D. R. Civ. App. P. § 15-26A-60, http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=15-26A-60.

The brief of the appellant shall contain under appropriate headings and in the order here indicated:

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(2)      A table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.

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