Legal Opinion

State v. Deneui

South Dakota Supreme Court

Decided November 10, 2009No. 24853PublishedCited by 47 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In a case of first impression, we are confronted with the question whether the community caretaker doctrine, which we previously applied to an automobile search, should also be applied to a home search. After smelling ammonia fumes outside a home, police officers entered without a warrant to see if anyone inside needed assistance. While in the home, they saw evidence of a methamphetamine lab in plain view, which later formed the basis for obtaining a search warrant. Defendant homeowner sought unsuccessfully to suppress the evidence seized in his house. He was…

2Cases cited98 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Blockburger v. United StatesSupreme Court of the United States · 1931
  4. United States v. LeonSupreme Court of the United States · 1984
  5. Franks v. DelawareSupreme Court of the United States · 1978

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3Cited by47 opinions

  1. State v. WatkinsTennessee Supreme Court · 2012
  2. Matalon v. HynnesCourt of Appeals for the First Circuit · 2015
  3. MacDonald v. Town of EasthamCourt of Appeals for the First Circuit · 2014
  4. State of Tennessee v. Kenneth McCormickTennessee Supreme Court · 2016
  5. State v. PinkardWisconsin Supreme Court · 2010

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