United States Eighth Circuit

The grant of defendant's motion to dismiss evidence is reversed where the evidence was admissible both because exigent circumstances justified the officer's entry and because defendant committed a new and distinct crime after the officer entered the home.

Appellate Information

• Decided 04/13/2005
• Published 04/13/2005

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark E. Salter, argued, Asst. U.S. Atty., Sioux Falls, SD (Randy Seiler, Asst. U.S. Atty., Pierre, SD, and Kathryn E. Ford, Asst. U.S. Atty., Sioux Falls, SD), for appellant.


• For Appellees:
  
• Edward G. Albright, argued, Asst. Federal Public Defender, Pierre, SD, for appellee.