State v. Lamont

[¶ 48.] I dissent on issues 2 and 3 for the forgoing reasons.

Issue 2. Warrantless Entry into Lamont’s Dwelling3

[¶ 49.] A. Search incident to lawful arrest

[¶ 50.] The Fourth Amendment to the United States Constitution and Article VI, § 11 of the South Dakota Constitution provide that people have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It has long been established that the Fourth Amendment prohibits police from entering into a suspect’s home to make a felony arrest. Payton, supra, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d…