On Point blog, page 2 of 2
Execution of search warrant — detention of person not in “immediate vicinity”
Bailey v. United States, USSC No. 11-770, 2/19/13
United States Supreme Court decision, reversing and remanding United States v. Bailey, 652 F.3d 197 (2d Cir. 2011)
The Court holds it was not reasonable for police to seize an individual incident to the search of the individual’s residence when the individual was not in the “immediate vicinity” of the place being searched. The holding is an elaboration of the rule from Michigan v.