By Associated Press - Friday, November 6, 2020

PIERRE, S.D. (AP) - The South Dakota Supreme Court says a judge was wrong when he said key evidence could not be used by the prosecution in a Lawrence County drug case.

The high court, in a ruling this week, said Deadwood police had reasonable cause to seek a warrant to search an apartment and a vehicle where illegal drugs were suspected. The warrant also let police collect urine samples.

Court records say the subsequent search of the apartment produced several bags containing a white crystal substance, which was later confirmed to be methamphetamine. And urine samples taken from Carrie Lynn Ostby and Dana Olmsted both tested positive for meth, KELO-TV reported.

Olmsted was charged with one count of possession of a controlled substance. Ostby was charged with unauthorized ingestion of a controlled substance, possession of a controlled substance and possession with intent to distribute a controlled substance.

The defendants later challenged the validity of the warrant. Circuit Judge Eric Strawn granted their motion to suppress the evidence.

The Supreme Court justices said there was sufficient information for police to believe contraband would be found in the apartment.

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