Bailey v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-770	2d Cir.	Nov 1, 2012 Tr.Aud.	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

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)

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

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Editor's Note :

Bailey v. United States

SCOTUSblog Coverage

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City returns in gun-rights case – Amy Howe

A Supreme Court ceremony for Justice Stevens: “A modest and humble man” – Mark Walsh

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Holiday

Download our App in the Apple Store

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award