PIERRE, SD — This morning the SD Supreme Court held that two police officers may avail themselves of the protection of Marsy’s Law. The facts arose in Sioux Falls where Police Officer 1 and Police Officer 2 were involved with a foot chase, resulting in a gun-shot injury being inflicted on Police Officer 1 by the Criminal Defendant. Numerous charges were filed against Defendant – “two counts of attempted first-degree murder of a law enforcement officer, three counts of aggravated assault of a law enforcement officer, and several other offenses.” Because the names of the Police Officers were disclosed in the Arrest Warrant and supporting affidavit, the Fraternal Order of Police Lodge No. 1 (representing the officers) sought a mandamus in circuit court for the purpose of concealing the names of the police officers. “The mandamus proceeding was assigned to an out-of-circuit judge, [Hon. Bobbi Rank]” who, after hearing, denied relief. Thereafter a motion for protective order was filed in the pending criminal case which was assigned to Hon. Susan M. Sabers, who also denied relief. The SD Supreme Court reversed and remanded, holding that the police officers, “may qualify as “victims” under Marsy’s Law… Article VI, § 29 of the South Dakota Constitution.”

This decision is unanimous (5-0), with opinion authored by Justice Gusinsky. The Court instructed the trial court, on remand, that:

[T]he circuit court must balance the rights of the requestor against other constitutionally protected rights, including the rights of the defendant and the rights of the public. This inquiry will vary case-by-case, and the facts and circumstances of each individual case will define the interests to be balanced by the court.

The Fraternal Order of Police Lodge No. 1 and the Police Officers were represented in this matter by Jeffrey R. Beck of Sioux Falls. The Defendant was represented by Kylie Beck and Emily Herbert of Minnehaha County
Public Defender’s Office.

To obtain a copy of this decision, STATE v. ALBAIDHANI, 2026 S.D. 24, may be obtained by sending an e-mail request to rogermbaron@gmail.com