Free Newsletter
Criminal Law : Warrantless Search – Community Caretaking Exception – Plain View Doctrine
Stephanie Maniscalco//April 18, 2016//
Criminal Law : Warrantless Search – Community Caretaking Exception – Plain View Doctrine
Stephanie Maniscalco//April 18, 2016//
Listen to this articleWhere officers had information that a woman who did not return as scheduled to a halfway house might be being held against her will by an ex-boyfriend with a criminal record and known to be armed and dangerous, the officers showed a reasonable belief that the woman was in danger to enter the defendant’s home under the community caretaking exception to the warrant requirement, and a firearm found on a bed was admissible under the plain view doctrine.
Judgment is affirmed.
U.S. v. Smith (MLW No. 69049/Case No. 15-1742 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of South Dakota, Schreier, J. (Neil Fulton, Pierre, South Dakota, argued for appellant; Jason J. Tupman appeared on the brief) (Kevin Koliner, Sioux Falls, South Dakota, argued for appellee; Jennifer D. Mammenga appeared on the brief).
Read the full text of this opinion. (PDF)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
