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There is an important footnote to this case. On remand/rehearing, the South Dakota Supreme Court found that the Fourth Amendment equivalent in the state constitution was more protective than the federal constitution. State v. Opperman, 247 NW2d 673 (SD 1976). This holding came despite the fact that the argument first arose after the remand and the petition for rehearing was not timely filed.

-- 67.158.26.78 ( talk) 15:37, 13 August 2009 (UTC) reply