User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


63° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

Should A Urine Test Lead To Drug Charges?

March 24, 2014, 4:53 PM by Ben Dunsmoor

Should A Urine Test Lead To Drug Charges?
VERMILLION, SD -

The South Dakota Supreme Court is considering whether remnants of cocaine found in a urine sample are enough to convict a Spearfish man of drug possession.

An attorney for 25-year-old Sean Whistler says his client shouldn't have been found guilty because authorities never actually found cocaine during his 2012 DUI arrest.

"Your honors, there was no cocaine anywhere. There was no cocaine present in the truck. There was no cocaine on Mr. Whistler's person," Matthew Pike with the Lawrence County Public Defender’s Office said.

Spearfish Police pulled over Whistler in March of 2012. He had a blood alcohol level nearly three times the legal limit and marijuana was found inside his vehicle.

A urine test later found Whistler also had something called benzoylecgonine in his system, which is a metabolite of cocaine. As a result, Whistler was also charged and convicted of possessing cocaine. Pike argues the same substance can be found in tap water and over-the-counter medications and his client should have never been found guilty.

"When people are now convicted in our state for possession of a controlled substance specifying cocaine when there is no cocaine anywhere that seems to be an absurd result," Pike said.

"Possession occurs if a person knowingly possesses an altered state of a drug or substance absorbed into the human body," Assistant South Dakota Attorney General John Strohman argued.

Strohman told the justices that state law allows for drug possession charges for any controlled substance properties found inside a suspect's system. Strohman insists Whistler has no argument.

"Our state legislature has passed a statute saying to the contrary; appellants problem is with the legislature," Strohman said.

Whistler's attorney also argued that there is no way to prove how the substance got into his client's system, something the state's own witness admitted during the trial.

It will take several weeks for the justices to make their final ruling in the case.

Read the legal briefs in the case by clicking here. 

Previous Story

Next Story


Comments







 
Find Local Businesses on KELO Pages!

View news

You may also like

Two People Go To Hospital Following Fight

7/28/2014 11:30 AM

Sioux Falls Police say a large fight behind the Best Buy store on 41st Street landed two people in the hospital early Sunday morning.

Full Story
Fmr. Walworth State's Attny. Charged With Rape

7/30/2014 1:27 PM

The former Walworth County State's Attorney has been arrested and charged with three counts of first-degree rape.

Full Story
Clerk Hurt During Attempted Robbery

7/27/2014 8:07 AM

Sioux Falls police are investigating an early morning attempted armed robbery that injured a clerk at a west-side convenience store.

Full Story
Two 16-Year-Olds Arrested In Vandalism Spree

7/25/2014 11:30 AM

According to Sioux Falls Police, two 16-year-olds were arrested overnight after a vandalism spree.

Full Story
Severe Thunderstorm Hits Corsica

7/26/2014 5:55 PM

Severe storms dropped heavy rain and large hail today in many parts of KELOLAND.

Full Story | Watch


Events