DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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151742P.pdf 04/14/2016 United States v. Cody Smith
U.S. Court of Appeals Case No: 15-1742
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Shepherd, Author, with Chief Judge Riley and Smith, Circuit
Judges]
Criminal Case - suppression. The specific, articulable facts showed that
officers had a reasonable belief that Wallace was in danger and that they
acted in their community caretaking function when they entered Smith's
residence without a warrant. The scope of the encounter was carefully
tailored to satisfy their purpose of locating Wallace. The firearm at
issue, lying on the bed in the bedroom where Wallace was located, was in
plain view and was admissible under the plain view doctrine.