Case Blog: Bailey v. United States

Case Blog: Bailey v. United States

Here is another U.S. Supreme Court opinion, discussing the limits on detention when executing a search warrant.  Yeah, you can detain someone when executing a search warrant.  But you can't go get them and detain them.

Bailey v. United States, (6-3 Opinion by Justice Kennedy on February 19, 2013. Concurring opinion by Justice Scalia with Ginsburg and Kagan joining. Dissent by Justice Breyer with Justices Thomas and Alito joining.) Summary: The Court reversed and remanded the decision of the U.S. Court of Appeals for the Second Circuit. In a decision written by Justice Kennedy, the Court held that the ruling in Michigan v. Summers, that allows detention pursuant to the execution of a search warrant, is limited to the immediate vicinity of the area being searched.

By: ​Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700

No comments (Add your own)

Add a New Comment


code
 

Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.