US Supreme Court Agrees to Determine Police Detention Case

September 07, 2012 (Press-News.org) While executing search warrants, police are allowed to detain all people present during searches. But how much latitude should be given to police officers in detaining people during such searches? That is a question that will be before the United States Supreme Court this fall.

In 2005, police officers sought a warrant to search an apartment in Wyandanch, N.Y. When the officers arrived at the apartment address, they observed two suspects, including Chunon Bailey, exit the apartment building, but did not detain them. Instead, the police let the men drive away from the scene.

Officers followed the two men for more than a mile and when the search warrant was obtained, the two men were stopped, detained and driven back to the apartment by police officers.

During the apartment search officers found drugs and a firearm. Bailey was ultimately convicted of possession of cocaine with intent to distribute, being a felon in possession of a firearm and possession of a firearm in the furtherance of drug trafficking. He was sentenced to 360 months in prison and five years of supervised release.

Bailey appealed the decision, claiming police violated his Fourth Amendment rights against unreasonable search and seizure by collecting evidence during an unlawful detention. However, the 2nd U.S. Circuit Court of Appeals agreed with the lower court that as long as Bailey was detained "as soon as practical," the police officers' authority to detain Bailey was not limited to the premises to be searched, reports Courthouse News Service.

Federal courts are split on whether law enforcement personnel should be able to follow and detain suspects in warrant situations; thus the U.S. Supreme Court chose to hear Bailey's appeal to settle the question. The Supreme Court's decision will either uphold people's rights against unreasonable detention by placing limits on police officers; or expand the government's ability to hold and detain citizens it believes are connected to a place to be searched, whether they are present when the search is executed or not.

Law enforcement does not have unlimited authority to detain U.S. citizens or to search their persons or property. If you believe the police illegally detained or searched you or your property, speak with an experienced criminal defense attorney about asserting your constitutional rights to be secure in your person and property.

Article provided by Anaya, Foley & McKedy, P.C.
Visit us at www.davidfoley.net