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SD Supreme Court Sides With Panhandler In Stop, Frisk Case

Associated Press0

PIERRE, S.D. (AP) — The South Dakota Supreme Court has reversed the conviction of a panhandler who challenged that his arresting officer had no reasonable suspicion to stop and frisk him.

Justices on Thursday ruled in the case of Rapid City resident David Walter, who received a three-year suspended sentence in June after being found guilty of meth possession.

Rapid City Police Officer Dale Ackland arrested Walter in October 2013 after he was dispatched to investigate reports of a panhandler. When Ackland patted down Walter after noticing a bulge in Walter’s clothing, a box with two syringes fell out.

The syringes tested positive for meth.

The court concluded the mere report of a panhandler, who wasn’t violating state or local laws, didn’t give Ackland reasonable suspicion of criminal activity to pat down Walter.

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