Detained (a mile away) During the Execution of a Search Warrant

This wikilog article is a draft, it was not published yet.

by: Ryan • November 3, 2012 • no comments

This week (a pretty big week at SCOTUS), the Court heard argument in Bailey v. United States.

From SCOTUSblog's argument preview:

Over thirty years ago, in Michigan v. Summers, the Court held that police officers who are executing a search warrant at a home may detain a resident of the home until the search is completed. On October 30, in Bailey v. United States, the Court will consider the scope of its decision in Summers - specifically, whether it extends to a stop and detention of a suspect who was unaware that the search was proceeding but is believed to have some connection to the location of the search, when he was stopped about a mile away from it, his person searched, and his detention extended until the search of the home was finished, at which time he was formally arrested.

I have not yet found any summaries of oral argument, but if you'd like to hear oral argument yourself, you can go here.