Supreme Court Commentaries
Civil Rights, Constitutional Interpretation, Judicial Review
Constitutional Law | Law
This commentary previews an upcoming Supreme Court case, Bailey v. United States, in which the Court will examine the scope of permissible non-arrest seizures in the context of a detainment incident to a search warrant. The case offers the Court an opportunity to clarify its holding in Michigan v. Summers--that occupants of premises being searched pursuant to a valid warrant may be detained during the search--by determining whether such a detainment is permissible when the occupants have left the premises.
Alexander Hall, Take the Money and Run: Detainment Incident to a Search Warrant in Bailey v. United States, 8 Duke Journal of Constitutional Law & Public Policy Sidebar 71-87 (2013)