SD: Exigent circumstances justified warrantless entry into def’s apartment in case there was an injured victim inside

Exigent circumstances supported the warrantless entry into defendant’s apartment. A witness told the police he’d been asked to move a body and he did move a heavy suitcase, big enough to hold the body of a woman. He didn’t know whether there was a body in there or not, but there was blood on the floor. The defendant was crying he was “sorry.” The police had objective justification for a warrantless entry into his apartment in case the victim was injured not dead. State v. Rogers, 2016 SD 83, 2016 S.D. LEXIS 137 (Nov. 22, 2016).

The search of defendant’s cell phones were prior to Riley so they are valid under the Davis good faith exception. United States v. McCutcheon, 2016 U.S. Dist. LEXIS 162183 (W.D.N.Y. June 22, 2016).*

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