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Detention During Execution of a Search Warrant

Friday / September 6, 2013

Continuing our look at recent Supreme Court criminal cases that were decided this term brings us to the case of Bailey v. United States. Bailey deals with officers detaining individuals relative to serving a search warrant. Undercover officers watched Mr. Bailey leave an apartment a couple hours prior to the officers planned execution of a search warrant on the apartment. They followed him and detained him approximately 1 mile away where they discovered a key to the apartment in his pocket and where he ultimately made some incriminating statements. The government argued that this detention was lawful under the case of Michigan v. Summers, in which the Court ruled that officers are allowed to detain individuals who are in the immediate vicinity of the search warrant being executed. Bailey argued that his Fourth Amendment rights were violated because he was over a mile away from where the search warrant was being executed.

The court, in ruling in favor of Bailey, created a bright line rule that an individual must be in the immediate vicinity of the search warrant execution to be detained. If the individual is not within the immediate vicinity of the execution of the search warrant that detention would be unlawful. This case in creating the bright line rule, gives judges specific things to consider when ruling as to whether individuals fourth amendment rights were violated by being detained during execution of a search warrant.  Since this is a United States Supreme Court case it is binding at the state level. This means that the rule applies to individuals in Arizona.  If you have an issue regarding execution of the search warrant and you were detained unlawfully during the execution of the search warrant you could potentially get some of the evidence in the case thrown out if your Fourth Amendment rights were violated. If you are anyone you know is been charged with a crime please give me a call to set up your free no obligation consultation 480-398-1498 or at my website

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