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U.S. v. SCHMIDT

No. 04-2724.

403 F.3d 1009 (2005)

UNITED STATES of America, Appellant, v. Vernon R. SCHMIDT, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 13, 2005.

Attorney(s) appearing for the Case

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.

Edward G. Albright, argued, Asst. Federal Public Defender, Pierre, SD, for appellee.

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

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The United States appeals the district court's order granting Vernon Schmidt, Jr.'s motion to suppress all the evidence obtained after an officer of the Rosebud Sioux Tribal Police entered his home without a warrant. The government contends that the district court erred both because exigent circumstances justified the entry and because Mr. Schmidt committed a new and distinct crime after the entry. We reverse and remand the case...

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