Bailey v. United States
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Nov 1, 2012
|Feb 19, 2013||6-3||Kennedy||OT 2012|
Holding: The rule in Michigan v. Summers that officers executing a search warrant are permitted “to detain the occupants of the premises while a proper search is conducted” is limited to the immediate vicinity of the premises to be searched and does not apply when a recent occupant of the premises was detained at a point beyond any reasonable understanding of the immediate vicinity of the premises in question.
Plain English Summary:
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kennedy on February 19, 2013. Justice Scalia filed a concurring opinion in which Justice Ginsburg and Justice Kagan joined. Justice Breyer filled a dissenting opinion in which Justice Thomas and Justice Alito joined.
- Opinion analysis: A bright-line rule trumps interest-balancing (Andrew Taslitz)
- Argument recap: Reasonable suspicion or none (Andrew Taslitz)
- Court cancels Tuesday sitting (Lyle Denniston)
- Argument preview: Court to clarify scope of Michigan v. Summers (Andrew Taslitz)
- Petition of the day (Kali Borkoski)