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043415P.pdf   10/10/2005  United States  v.  David Waldner
   U.S. Court of Appeals Case No:  04-3415
   District of South Dakota   
   [PUBLISHED] [Smith, Author, with Murphy and Bye, Circuit Judges]
   Criminal case - criminal law. Entry into a basement office in
   defendant's home was not justified as part of a protective sweep, and the
   evidence seized in the office should have been suppressed. Judge
   Murphy, concurring