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Two men facing rape charges are asking the 7th Circuit Court to throw out information obtained during what they claim was an illegal home search.

Marvin Payne, 49, of Colorado, and Toby Rolfe, 43, of Box Elder, are accused of third-degree rape against an unconscious woman at Rolfe’s residence on Sept. 28. The prosecution has told the court it holds “overwhelming” evidence against the defendants, including photos of the alleged assault and finding the woman unconscious at the scene.

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The defendants have asked the court to suppress these and other information gathered during a search of Rolfe’s property since it was “done without a warrant, without exigent circumstances and/or without consent,” court records say. A hearing was Thursday; the judge's ruling is pending.

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Cops and Courts Reporter

Cops and courts reporter for the Rapid City Journal