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Can Law Enforcement Detain Two Suspects One Mile from a House While the SWAT Team Executes a Search Warrant?


So was the detention of Mr. Bailey and Mr. Middleton objectively reasonable?  No. On February 19, 2013 the U.S. Supreme Court issued Bailey v. U.S., 568 U.S. 186 (2013) “Once an individual has left the immediate vicinity of a premises to be searched … detentions must be justified by some other rationale.”.  In this case an others, law enforcement should have filed at least one arrest warrant for the suspects to be stopped so the detention and search of their person’s would be objectively reasonable. 


 
 
 

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