United States v. Cody Smith
2016 U.S. App. LEXIS 6749
| 8th Cir. | 2016Background
- April 26, 2013, Sioux Falls PD responded to a welfare check at Changes and Choices halfway house regarding Alexis Wallace.
- Wallace had not returned by 5:00 p.m.; Saarloos believed she was being held against her will by Smith and that Smith might be armed.
- Officers knocked at Smith’s door; Smith refused to consent to a search and demanded a warrant.
- Dispatch and on-scene information suggested Wallace might be inside and at risk; a face was seen at a back window.
- Officers entered Smith’s residence without a warrant under a community caretaking theory to search for Wallace; Wallace was found in a bedroom with an AK-47 partially visible.
- Smith was indicted for unlawful firearm possession, moved to suppress the evidence, the district court denied the motion, he pled guilty to felon in possession, and he appeals the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether entry was justified under community caretaking. | Smith | Smith argues no emergency justified entry | Yes; entry reasonable under community caretaking. |
| Whether the scope of the entry was limited to locating Wallace. | Smith | Officers’ scope matched purpose to locate Wallace | Scope tailored to locating Wallace inside the home. |
| Whether the AK-47 found in plain view was admissible. | Smith | Plain view admissible given lawful entry | Admissible under plain view due to prior lawful entry. |
Key Cases Cited
- Cady v. Dombrowski, 413 U.S. 433 (1973) (community caretaking functions are noninvestigatory)
- United States v. Harris, 747 F.3d 1013 (8th Cir. 2014) (community caretaker doctrine applied to noninvestigatory seizures)
- United States v. Quezada, 448 F.3d 1005 (8th Cir. 2006) (emergency-related entry to aid community member)
- Samuelson v. City of New Ulm, 455 F.3d 871 (8th Cir. 2006) (reasonableness from on-scene perspective)
- Smith v. Kansas City, Missouri Police Department, 586 F.3d 576 (8th Cir. 2009) (protective sweep contrasted; emergency not confirmed)
- Arizona v. Hicks, 480 U.S. 321 (1987) (plain view requires lawful intrusion)
- Maryland v. Buie, 494 U.S. 325 (1990) (limitations on protective sweeps)
- Florida v. Jardines, 133 S. Ct. 1409 (2013) (home intrusion core privacy)
- Brigham City v. Stuart, 547 U.S. 398 (2006) (emergency aid exception to warrant requirement)
- Flippo v. West Virginia, 528 U.S. 11 (1999) (per curiam recognizing caretaking exceptions)