# State v. Bowker

> South Dakota Supreme Court · July 9, 2008 · 754 N.W.2d 56

URL: https://www.frixlaw.com/law-library/cases/9515545

## Case

- **Full name:** STATE of South Dakota, Plaintiff and Appellee, v. Frankie Lee BOWKER, Defendant and Appellant
- **Court:** South Dakota Supreme Court
- **Decided:** July 9, 2008
- **Citations:** 754 N.W.2d 56; 2008 SD 61; 2008 S.D. LEXIS 88; 2008 WL 2690709
- **Precedential status:** Published
- **Opinion:** Concurrence by Zinter
- **Judges:** Gilbertson, Sabers, Konenkamp, Zinter, Meierhenry
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9515545

## How later opinions describe it (automated extraction)

- stating that a “late-blooming claim [challenging] an indictment for failure to charge an offense” is reviewable for plain error
- stating that when plain error is alleged, the defendant bears the burden of showing the error was prejudicial
- noting that the heightened expectation of privacy in one’s residence generally demands that law enforcement obtain a warrant prior to entering a home or dwelling

## Opinion text

ZINTER, Justice
(concurring).
[¶ 54.] I concur, except that with respect to Issue 2, the questioning went beyond general on-the-scene questioning. Nevertheless, the trial court’s findings of *71 historical fact regarding Bowker’s custodial status were not clearly erroneous, and the trial court did not err in concluding that suppression was not required.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9515545. Public record. Not legal advice.