Where 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).