Bailey v. United States

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari. 

Brief filed: 01/19/2012


Bailey v. United States

2nd Circuit Court of Appeals; Case No. 11-770; 652 F.3d 297

Question Presented

Whether, pursuant to Michigan v. Summers, police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.


Brief argues that the broad, categorical authorization of police conduct approved in Summers is far afield of the typical Fourth Amendment reasonableness analysis exemplified in Terry v. Ohio, and that the Court should grant certiorari to clarify and confirm limits on the Summers rule.

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Anna-Rose Mathieson, O’Melveny & Myers, San Francisco, CA, and Jonathan Hacker, O’Melveny & Myers, Washington, DC.