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Bailey v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
11-770 2d Cir. 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.

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 16 2011Petition for a writ of certiorari filed. (Response due January 19, 2012)
Jan 12 2012Order extending time to file response to petition to and including February 21, 2012.
Jan 19 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Feb 15 2012Order further extending time to file response to petition to and including March 22, 2012.
Mar 19 2012Order further extending time to file response to petition to and including April 5, 2012.
Mar 26 2012Order further extending time to file response to petition to and including May 3, 2012.
May 3 2012Brief of respondent United States in opposition filed.
May 14 2012Reply of petitioner Chunon L. Bailey, aka Polo filed.
May 15 2012DISTRIBUTED for Conference of May 31, 2012.
Jun 4 2012Petition GRANTED.
Jun 8 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2012.
Jun 8 2012The time to file respondent's brief on the merits is extended to and including September 17, 2012.
Jul 16 2012Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Jul 23 2012SET FOR ARGUMENT ON Tuesday, October 30, 2012
Aug 2 2012Transcripts received from U.S.D.C. for Eastern District of New York. (10 volumes)
Aug 3 2012Joint appendix filed.
Aug 3 2012Brief of petitioner Chunon L. Bailey, aka Polo filed.
Aug 10 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 10 2012Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 10 2012Brief amicus curiae of National Association of Federal Defenders filed.
Aug 13 2012Record from U.S.C.A. for Second Circuit is electronic.
Aug 15 2012Record from U.S.D.C. for Eastern District of New York is electronic.
Aug 24 2012CIRCULATED.
Aug 27 2012Order further extending time to file respondent's brief on the merits to and including September 20, 2012.
Sep 20 2012Brief of respondent United States filed. (Distributed)
Sep 27 2012Brief amici curiae of Michigan, Twenty Three (23) Other States, and One (1) Territory filed. (Distributed)
Oct 15 2012Reply of petitioner Chunon L. Bailey, aka Polo filed. (Distributed)
Oct 29 2012RESET FOR ARGUMENT ON Thursday, November 1, 1012.
Nov 1 2012Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 19 2013Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a concurring opinion, in which Ginsburg and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
Mar 25 2013JUDGMENT ISSUED.
Apr 18 2013Record (Transcripts) returned to U.S.D.C. for the Eastern District of New York.