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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

DateProceedings and Orders (key to color coding)
12/16/2011Petition for a writ of certiorari filed. (Response due January 19, 2012)
01/12/2012Order extending time to file response to petition to and including February 21, 2012.
01/19/2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
02/15/2012Order further extending time to file response to petition to and including March 22, 2012.
03/19/2012Order further extending time to file response to petition to and including April 5, 2012.
03/26/2012Order further extending time to file response to petition to and including May 3, 2012.
05/03/2012Brief of respondent United States in opposition filed.
05/14/2012Reply of petitioner Chunon L. Bailey, aka Polo filed.
05/15/2012DISTRIBUTED for Conference of May 31, 2012.
06/04/2012Petition GRANTED.
06/08/2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2012.
06/08/2012The time to file respondent's brief on the merits is extended to and including September 17, 2012.
07/16/2012Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
07/23/2012SET FOR ARGUMENT ON Tuesday, October 30, 2012
08/02/2012Transcripts received from U.S.D.C. for Eastern District of New York. (10 volumes)
08/03/2012Joint appendix filed.
08/03/2012Brief of petitioner Chunon L. Bailey, aka Polo filed.
08/10/2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
08/10/2012Brief amici curiae of American Civil Liberties Union, et al. filed.
08/10/2012Brief amicus curiae of National Association of Federal Defenders filed.
08/13/2012Record from U.S.C.A. for Second Circuit is electronic.
08/15/2012Record from U.S.D.C. for Eastern District of New York is electronic.
08/24/2012CIRCULATED.
08/27/2012Order further extending time to file respondent's brief on the merits to and including September 20, 2012.
09/20/2012Brief of respondent United States filed. (Distributed)
09/27/2012Brief amici curiae of Michigan, Twenty Three (23) Other States, and One (1) Territory filed. (Distributed)
10/15/2012Reply of petitioner Chunon L. Bailey, aka Polo filed. (Distributed)
10/29/2012RESET FOR ARGUMENT ON Thursday, November 1, 1012.
11/01/2012Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
02/19/2013Judgment 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.
03/25/2013JUDGMENT ISSUED.
04/18/2013Record (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.