Supreme Court Limits Certain Types of Seizures

On behalf of The Marks Law Firm, L.L.C. posted in Criminal Law on Tuesday, February 19, 2013

On Tuesday, the U.S. Supreme Court handed down its opinion in Bailey v. United States, setting forth limits to one particular type of seizure – the detention of an individual incident to the execution of a search warrant.

Over thirty years ago, in Michigan v. Summers, the Court decided that when the police go to a home to execute a search warrant, the police can detain the individuals in the home (regardless of whether any occupant is suspected of any criminal activity) so that the officers executing the search may do so without fear of interference or threat to their safety or …