Bailey v. United States
| 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
- Opinion analysis: A bright-line rule trumps interest-balancing (Andrew Taslitz, February 25, 2013)
- Argument recap: Reasonable suspicion or none (Andrew Taslitz, November 6, 2012)
- Court cancels Tuesday sitting (Lyle Denniston, October 29, 2012)
- Argument preview: Court to clarify scope of Michigan v. Summers (Andrew Taslitz, October 23, 2012)
- Petition of the day (Kali Borkoski, January 27, 2012)
| Date | Proceedings and Orders |
|---|---|
| 12/16/2011 | Petition for a writ of certiorari filed. (Response due January 19, 2012) |
| 01/12/2012 | Order extending time to file response to petition to and including February 21, 2012. |
| 01/19/2012 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 02/15/2012 | Order further extending time to file response to petition to and including March 22, 2012. |
| 03/19/2012 | Order further extending time to file response to petition to and including April 5, 2012. |
| 03/26/2012 | Order further extending time to file response to petition to and including May 3, 2012. |
| 05/03/2012 | Brief of respondent United States in opposition filed. |
| 05/14/2012 | Reply of petitioner Chunon L. Bailey, aka Polo filed. |
| 05/15/2012 | DISTRIBUTED for Conference of May 31, 2012. |
| 06/04/2012 | Petition GRANTED. |
| 06/08/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2012. |
| 06/08/2012 | The time to file respondent's brief on the merits is extended to and including September 17, 2012. |
| 07/16/2012 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner. |
| 07/23/2012 | SET FOR ARGUMENT ON Tuesday, October 30, 2012 |
| 08/02/2012 | Transcripts received from U.S.D.C. for Eastern District of New York. (10 volumes) |
| 08/03/2012 | Joint appendix filed. |
| 08/03/2012 | Brief of petitioner Chunon L. Bailey, aka Polo filed. |
| 08/10/2012 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 08/10/2012 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| 08/10/2012 | Brief amicus curiae of National Association of Federal Defenders filed. |
| 08/13/2012 | Record from U.S.C.A. for Second Circuit is electronic. |
| 08/15/2012 | Record from U.S.D.C. for Eastern District of New York is electronic. |
| 08/24/2012 | CIRCULATED. |
| 08/27/2012 | Order further extending time to file respondent's brief on the merits to and including September 20, 2012. |
| 09/20/2012 | Brief of respondent United States filed. (Distributed) |
| 09/27/2012 | Brief amici curiae of Michigan, Twenty Three (23) Other States, and One (1) Territory filed. (Distributed) |
| 10/15/2012 | Reply of petitioner Chunon L. Bailey, aka Polo filed. (Distributed) |
| 10/29/2012 | RESET FOR ARGUMENT ON Thursday, November 1, 1012. |
| 11/01/2012 | 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. |
| 02/19/2013 | 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. |
| 03/25/2013 | JUDGMENT ISSUED. |
| 04/18/2013 | Record (Transcripts) returned to U.S.D.C. for the Eastern District of New York. |
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.