POLICE Magazine

MAR 2019

Magazine for police and law enforcement

Issue link: https://policemag.epubxp.com/i/1088348

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Page 47 of 80

P O L I C E M AG .C O M 45 diate vicinity" to impart guidance to officers navigating the often convoluted standards applicable to the detention of a suspect. e term "immediate vicini- ty," as used by the Supreme Court, does not appear to only mean "within" or "inside" the premises where the search is underway. e Court provided some standards to consider when determining whether a suspect is being detained in the im- mediate vicinity of the premises subject to the search warrant. ese factors in- clude: "the lawful limits of the premis- es, whether the occupant was within the line of sight of his dwelling, and the ease of reentry from the occupant's lo- cation." Unfortunately, the murkiness of this term poses a challenge to officers mak- ing the decision whether to detain a suspect who is seen leaving the prem- ises immediately prior to the execution of the search warrant. Officers express the concern that stopping the individu- al directly outside the premises, in view of the surrounding residents, may tip off any remaining occupants in the premis- es of the impending search or presence of law enforcement officers, and lead to the destruction of evidence. is is clearly another instance where officers must apply a balancing test when deter- mining whether to detain the individual at that time. Because, as Bailey has made clear, these same officers are prohibited from detaining the suspect or occupant once they leave the immediate vicinity of the premises subject to the search. is article is designed to provide gen- eral information on the topic presented. It is distributed with the understand- ing that the publisher is not engaged in rendering legal or professional services. It should not be used as a substitute for professional services. If legal or other pro- fessional advice is required, the services of a local professional should be sought. Eric Daigle is founder of Daigle Law Group, LLC, a firm that specializes in law enforcement operations. A former Connecticut State Police officer, Daigle focuses on civil rights actions, including police misconduct litigation. He is a le- gal advisor for police agencies across the country. www.daiglelawgroup.com. TRAIN TO WIN Bring the best in law enforcement training to your agency: (630) 399-1645 Winning is much more than surviving conflict. Be completely prepared for your challenges with our inspiring and world-renowned classes with Dave "JD Buck Savage" Smith, Sgt. Betsy Brantner Smith, Sgt. Nancy Dowdy & team. CLASSES: The Winning Mind The Winning Mind for Women Career & Officer Survival for Dispatchers The Winning Edge Developing Successful Staff Skills Leadership for Optimal Performance Schedule your FREE assessment now at www.step.virtra.com Meet S.T.E.P. —Subscription Training & Equipment Partnership™ Get customized, fully-immersive, multi-sensory realistic training from the leaders in law enforcement technology, for less than you might expect. Guaranteed.

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