(dissenting).
[¶ 13.] A plurality of this Court has determined that a person driving with a revoked, suspended or expired license is súb-*735ject to arrest, search, interrogation, and having the contents of their vehicle inventoried. See State v. Vocu, 2000 SD 109, ¶ 11, 615 N.W.2d 623; State v. Brassfield, 2000 SD 110, ¶ 16, 615 N.W.2d 628. This intrusion is unwarranted and flies in the face of statutory authority. See Vocu, 2000 SD 109, ¶¶ 16-21, 615 N.W.2d at 626-28 (Amundson, J., dissenting); Brassfield, 2000 SD 110, ¶¶ 22-27, 615 N.W.2d at 632-34 (Sabers, J., dissenting).
[¶ 14.] SDCL 32-12-65 provides that “[a]ny person who drives a motor vehicle on any public highway of this state at a time when his privilege” is revoked suspended or canceled is subject to a misdemeanor offense. Additionally, SDCL 32-33-2 provides in relevant part:
Except as otherwise specifically provided, whenever a person is arrested for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall take the name and address of the person and the license number of his motor vehicle and driver’s license and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in the summons or notice.... The arresting officer shall upon the person’s written promise to appear, release him from custody.
(emphasis added). Because driving with a suspended, revoked, or canceled license is a misdemeanor and not specifically exempted from SDCL 32-33-2, that statute applies to Martin. Therefore, “the arresting officer shall upon [Martin’s] written promise to appear, release [her] from custody.” SDCL 32-33-2.
[¶ 15.] Martin was not released from custody as provided by SDCL 32-33-2. Instead, she was arrested, her vehicle impounded, and its contents inventoried and seized. The contents illegally seized by law enforcement as a result of the illegal detention should be suppressed.
[¶ 16.] By ignoring the specific requirements of SDCL 32-33-2, a plurality of this Court subjects anyone driving with a revoked, suspended or canceled license to custodial arrest and the illegal search that follows such arrest. Such an interpretation eviscerates the protection provided by the South Dakota Legislature and is contrary to the plain meaning of the statutes. See Vocu, 2000 SD 109, ¶¶ 16-21, 615 N.W.2d at 626-28 (Amundson, J., dissenting); Brassfield, 2000 SD 110, ¶¶ 22-27, 615 N.W.2d at 632-34 (Sabers, J., dissenting).
[¶ 17.] Therefore, I respectfully dissent for these reasons and the reasons stated in Vocu and Brassfield. See Vocu, 2000 SD 109, ¶¶ 16-21, 615 N.W.2d at 626-28 (Amundson, J., dissenting); Brassfield, 2000 SD 110, ¶¶ 22-27, 615 N.W.2d at 632-34 (Sabers, J., dissenting).
[¶ 18.] AMUNDSON, Justice, joins this dissent.