Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly


The Supreme Court reacted skeptically Thursday to the government's argument that police may detain residents of a home to be searched even if they are away from home when the search takes place.

Liberal and conservative justices said they are reluctant to expand police powers that, for officer safety and other reasons, already allow the detention of people found at home during a search authorized by a warrant.

The case before the court involves a Long Island man who was picked up about three-quarters of a mile away from his apartment as police searched it for a gun.

The Fourth Amendment usually requires police to strongly suspect an individual has committed a crime before he can be detained. But the court in 1981 ruled in Michigan v. Summers that police could detain people without suspicion during a search to keep them from doing harm to officers, keep them from fleeing and allowing them to, for example, open a door instead of having the police bash it in.

Justice Ruth Bader Ginsburg said the government was seeking to broaden police authority. "So you are taking the exception, which was tied tightly to the house," Ginsburg said to Justice Department lawyer Jeffrey Wall. "It was an exception to the main Fourth Amendment rule, and now you are asking to have that exception spread."

In this case, Chunon Bailey, also known by the alias of Polo, left his basement apartment in Wyandanch, N.Y., shortly before police began their search. Unaware of the impending search, Bailey and another man got into Bailey's black Lexus and drove away, apparently to get the friend home by 10 p.m. to comply with a condition of his parole.


Legal News | Breaking News | Terms & Conditions | Privacy

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. Affordable law firm web design company
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
Family Law in East Greenwich, RI
Divorce Lawyer, Erica S. Janton
www.jantonfamilylaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Chicago, Naperville IL Workers' Compensation Lawyers
Chicago Workplace Injury Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Los Angeles Immigration Documents Service
New Vision Immigration
www.immigrationnew.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Korean Web Agency
  Law Firm Directory