POLICE Magazine

MAR 2019

Magazine for police and law enforcement

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40 P O L I C E M A R C H 2 019 I n 2013 the United States Supreme Court issued its ruling in Bailey v. United States, finding that the detention of a suspect or occupant incident to the execution of a search warrant is limited to the "immediate vicinity" of the premises to be searched. is decision reverses the Appellate Court's holding that the detention of a suspect a mile from the premises being searched was permissible. e result of this decision is that law enforcement officers must analyze the circumstances surrounding the execution of a particular search warrant to decide whether or when to detain an occupant who is seen leaving the premises subject to the search war- rant immediately prior to its execution. THE CASE On July 28, 2005, Suffolk County Po- lice Department Detectives obtained a search warrant for the "basement apartment of 103 Lake Drive" in Wyan- danch, NY. e principle target of the search was a .380-caliber handgun. e warrant also stated that the apartment was located at the rear of the premises. A confidential informant had told po- lice officers that he had observed the handgun at the basement apartment during a drug purchase from a man he identified as "Polo." As officers were preparing to execute the search warrant, Detective Sneider and Detective Gorbecki were conduct- ing surveillance in an unmarked vehi- cle outside the residence. e two de- tectives saw two men, later identified as Chunon Bailey (the defendant) and Bryant Middleton, leave the gate at the top of the stairs that led down to the basement of 103 Lake Drive. Both men matched the description of "Polo," as provided by the informant. e detec- tives did not confront the men as they entered a vehicle that was parked in the driveway, as they did not want to alert anyone else who may have been in the apartment to the presence of law en- forcement. Rather, they waited as the men pulled out of the driveway and drove down the block. e detectives pulled the car over after it had traveled about a mile from the house and five minutes had lapsed, in part to prevent people in the apartment or neighbors passing by from seeing the stop. PHOTO: POLICE FILE DETENTION INCIDENT TO EXECUTION OF SEARCH WARRANT THE SUPREME COURT HAS RULED THAT YOU CAN'T DETAIN SOMEONE WHO HAS LEFT THE IMMEDIATE VICINITY OF THE PREMISES WHERE YOU PLAN TO EXECUTE A SEARCH WARRANT, JUST BECAUSE YOU ARE EXECUTING THE WARRANT. H ERIC DAIGLE POINT OF L AW Bailey v. United States involved detaining suspects about a mile from the site of a search warrant being served.

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