Page 21 - Original 2020 Legal Guide By Jack Ryan

Task: Detaining Persons During Execution of Search

Warrant

Bailey v. United States, 568 U.S. 186 (2013).

•The 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.

•Factors to consider when deciding if a person is in the immediate

vicinity are:

– the lawful limits of the premises,

– whether the occupant was within a line of sight of the premises

being searched,

– the ease of reentry from the occupant’s location, and

– other relevant factors. (Undefined by Court).

©2020 Jack Ryan Legal & Liability Risk Management Institute 20