United States v. Vernon R. Schmidt, Jr.

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 to the district court for further proceedings.

I

In the early morning hours, Rosebud Sioux Tribal Police Officer Andrew Martinez…