High Court Limits Detention Powers in Searches

The authority of police to detain people found at home during a search authorized by a warrant is limited to the immediate vicinity of the premises


Tuesday, February 19, 2013

WASHINGTON (AP) — The Supreme Court has limited the power of police to detain people who are not at home when their residence is to be searched.

By a 6-3 vote Tuesday, the justices sided with a Long Island, N.Y., man who was picked up about three-quarters of a mile away from his apartment as police searched it for a gun.

Justice Anthony Kennedy said in his opinion for the court's majority that the authority of police to detain people found at home during a search authorized by a warrant is limited to the immediate vicinity of the premises. He said that concern for officer safety diminishes the farther away from the home the detention occurs.



Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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