United States Eighth Circuit

Denial of defendant's motion to suppress evidence is reversed where the police officers' entry into a basement office in defendant's home was not justified as part of a protective sweep, and the evidence seized in the office should have been suppressed.

Appellate Information

• Decided 10/10/2005
• Published 10/10/2005

Judges

• SMITH, Circuit Judge., Before MURPHY, BYE, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy Joseph Langley, argued, Federal Public Defender's Office, Sioux Falls, SD, for Appellant.


• For Appellees:
  
• Jeffrey C. Clapper, Mark Edward Salter, argued, U.S. Attorney's Office, Sioux Falls, SD, for Appellee.