Skip to main content

Bailey v. United States

Docket No.11-770
Op. Below2d Cir.
ArgumentNov 1, 2012
Vote6-3
AuthorAnthony McLeod Kennedy
OpinionFeb 19, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Anthony McLeod Kennedy on Feb 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.

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.

Proceedings & orders timeline

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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.