SEARCHES AND DETENTION OF OCCUPANTS ON THE PREMISES

SEARCHES AND DETENTION OF OCCUPANTS ON THE PREMISES

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In 1981, the United States Supreme Court decided in Michigan v Summers, and ruled that officers executing a search warrant may detain occupants on the premises while the search is conducted. The United States Supreme Court recently decided a case which has marginally limited the rule in Summers. In Bailey v United States. the defendant left the premises before the search began and officers waited to detain him until he had driven about a mile away. The court said that there is no justification for detention of an occupant beyond the immediate vicinity of the premises covered by the search warrant. This is because there is no real concern for officer safety, facilitating the completion of the search, and preventing flight when the recent occupants are beyond the immediate vicinity of the premises. The Court did decline to define what “immediate vicinity” meant leaving it to the lower courts to make that determination by reviewing factors such as whether the occupant is within the line of sight of the premises and the ease of reentry to the premises from the occupants current location.

MICHIGAN CRIMINAL DEFENSE ATTORNEYS WHO ARE EXPERTS IN CRIMINAL LAW AND CONSTITUTIONAL LAW

It is certain that in every term of the United States Supreme Court, the Court will issue several opinions regarding criminal law. If you are facing criminal charges you must have legal representation that keeps abreast of the ever changing field of criminal law. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are always keeping up with the current status of federal and state criminal and constitutional law. It is important to our attorneys that they are knowledgeable of the most recent criminal laws so that the people they represent have the very best defense available to them. If you have any questions, please contactLEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 or complete a Request for Assistance Form and one of our attorneys will contact you.

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LEWIS & DICKSTEIN, P.L.L.C.