Judge rules officers had grounds to search former Mitchell taxi owner's motel room that uncovered meth

Jul. 10—MITCHELL — The former owner of a Mitchell taxi business who was forced to cease operations in March after being charged with drug possession faced another legal setback on Friday.

Dustin Feistner, 43, of Mitchell, was charged with possession of a controlled substance (meth), a Class 5 felony, in early March when authorities conducted a search of his residence at a Mitchell motel. Feistner sought to have the evidence used to charge him tossed out based on the argument that authorities lacked a substantial basis of probable cause to search his residence.

During Friday's suppression hearing, Judge Chris Giles denied Feistner's motion to suppress the evidence — methamphetamine and drug paraphernalia — that officers found in early March inside his motel room at the Corn Palace Inn. Although Giles ruled authorities included enough probable cause information in the search warrant affidavit for a judge to authorize it, he said the information could have been more clear.

"I am going to find there was a substantial basis of probable cause based on the totality of the circumstances and everything that was contained in the warrant. Could have it been better? Yes. Could have it been clearer? Yes," Giles said of the warrant affidavit.

Mitchell Detective Andrew Becker led the investigation into Feistner's drug charge and testified that the identities of anonymous witnesses who tipped off local law enforcement agencies about Feistner keeping meth inside his motel room were kept confidential over potential threats of retaliation.

Becker said the investigation into Feistner began in December 2022, which is when the first witnesses reported to authorities that Feistner had meth at his residence. Some of the complaints lodged against Feistner stemmed from his behavior while operating his taxi business, Speedy Taxi, including a tip from a witness who alleged Feistner "offered drugs in return for sexual favors," court documents say.

As the investigation continued over the next several months, Becker said another tip given to Davison County Sheriff Steve Harr paired with other witness reports provided enough probable cause to present a search warrant affidavit to Judge Donna Bucher.

Judge Bucher signed off on the search warrant.

"We waited until we had built up enough information over the course of that time frame based on the totality of the circumstances, the multiple complaints of his behavior, multiple witnesses describing methamphetamine items in the residence before we applied for the search warrant," Becker said.

Feistner's attorney, Sonny Walter, argued the anonymous tip provided to Sheriff Harr that was relayed to Becker is considered triple hearsay. Walter said the tip provided to Sheriff Harr was the only piece of information in the arrest affidavit that referenced drug use inside Feistner's residence.

"What I am arguing here is that probable cause is lacking in the search warrant affidavit. The officer testified in his own words, not mine, that until paragraph eight (of search warrant affidavit) they did not have probable cause. And paragraph eight is triple hearsay," Walter said of the information authorities used in the affidavit.

In response to the hearsay argument, Giles referenced a South Dakota case law that makes it clear "hearsay evidence" can be considered by a judge to authorize a search warrant.

Davison County State's Attorney Jim Miskimins said the detectives "decision to be deliberate" and take additional time to build up information for a search warrant "supports fair application."

"Even though the final report summarized in the affidavit is one of an anonymous tipster, it's clearly supportive of the confidential informant's statement that talks about use of methamphetamine just days before the search warrant was applied for. So that is corroborated by that statement of the confidential informant from a month or so in advance of when the search warrant was applied for," Miskimins said.

Another key piece of information authorities gathered during the investigation was a witness' tip to a Department of Criminal Investigation (DCI) agent alleging they used meth with Feistner inside his motel room.

"While speaking with a special agent with the Department of Criminal Investigation, he informed me he interviewed a source of information. That source of information provided information that they had used methamphetamine with Dustin Feistner in Dustin Feistner's room," Becker said.

After Friday's ruling to deny the suppression of evidence, Feistner is scheduled to appear in court for a status hearing on July 18. In April, Feistner pleaded not guilty to the drug possession charge, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine, and use or possession of drug paraphernalia, a misdemeanor offense.

When Feistner was charged with possession of a controlled substance in March, Mitchell Mayor Bob Everson revoked Feistner's taxi license, citing public safety concerns. The latest license revocation isn't the first time Feistner was stripped of a taxi license in Mitchell. In 2021, the city council denied Speedy Taxi's license due to Feistner's criminal history — which includes a felony firearm possession charge and aggravated assault — and past allegations of poor driving habits.

During the March 20 Mitchell City Council meeting, Feistner said revoking his taxi license before a conviction of the drug possession charge he has denied committing would be an act of "punishment before a conviction."

Council President Kevin McCardle had no hesitation in denying Feistner's license, citing the repetitive controversy that's shrouded Speedy Taxi for several years and second chances he's been given.

"I don't think there's any need for too much discussion on this. He's been warned, he's been warned and had second chances," McCardle said prior to making a motion to deny Feistner's taxi license.