Maurice Freeman v. United States
SocialSecurity FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Does the rule of Michigan v. Summers extend to individuals on a public street near the residence?
QUESTIONS PRESENTED 1. Does the rule of Michigan v. Summers, 452 U.S. 692 (1981), which permits police officers executing a search warrant to detain occupants of a residence to be searched without reasonable suspicion or probable cause of criminal activity, extend to individuals on a public street near the residence? 2. What does the term “immediate vicinity” mean, as used in Bailey v. United States, 568 U.S. 186 (2013), in which this Court said, “[t]he categorical authority to detain incident to the execution of a search warrant must be limited to the immediate vicinity of the premises to be searched.” i