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172728P.pdf   07/06/2018  United States  v.  Terance Morice Highbull
   U.S. Court of Appeals Case No:  17-2728
   U.S. District Court for the District of South Dakota - Sioux Falls   
[PUBLISHED] [Gruender, Author, with Beam and Kelly, Circuit Judges] Criminal case - Criminal law. Defendant's girlfriend was acting as a private citizen, and not as a government agent, when she retrieved his cell phone from his vehicle and gave it to police; the woman did not search the car at the officers' request and there was insufficient evidence to show that she was motivated solely or even primarily by the intent to aid the officers.