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
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