bailey
argued
november
decided
february
police
preparing
execute
warrant
search
basement
apartment
handgun
detectives
conducting
surveillance
unmarked
car
outside
apartment
saw
two
men
later
identified
petitioner
chunon
bailey
bryant
middleton
leave
gated
area
apartment
get
car
drive
away
detectives
waited
men
leave
followed
car
approximately
mile
stopping
found
keys
patdown
search
bailey
initially
said
resided
apartment
later
denied
informed
search
men
handcuffed
driven
patrol
car
apartment
search
team
already
found
gun
illicit
drugs
arresting
men
police
discovered
one
bailey
keys
unlocked
apartment
door
trial
district
denied
bailey
motion
suppress
apartment
key
statements
made
detectives
stopped
holding
bailey
detention
justified
michigan
summers
detention
incident
execution
search
warrant
alternative
detention
supported
reasonable
suspicion
terry
ohio
bailey
convicted
second
circuit
affirmed
denial
suppression
motion
finding
summers
authorized
bailey
detention
address
alternative
terry
holding
held
rule
summers
limited
immediate
vicinity
premises
searched
apply
bailey
detained
point
beyond
reasonable
understanding
immediate
vicinity
premises
question
pp
summers
rule
permits
officers
executing
search
warrant
detain
occupants
premises
proper
search
conducted
even
particular
suspicion
individual
involved
criminal
activity
poses
specific
danger
officers
muehler
mena
detention
permitted
character
additional
intrusion
caused
detention
slight
justifications
detention
substantial
summers
later
cases
detained
occupants
found
within
immediately
outside
residence
searched
however
petitioner
left
apartment
search
began
detained
nearly
mile
away
pp
summers
recognized
three
important
law
enforcement
interests
taken
together
justify
detaining
occupant
premises
search
warrant
execution
first
officer
safety
requires
officers
secure
premises
may
include
detaining
current
occupants
officers
search
without
fear
occupants
become
disruptive
dangerous
otherwise
frustrate
search
occupant
returns
home
search
officers
mitigate
risk
taking
routine
precautions
however
bailey
posed
little
risk
officers
scene
left
premises
apparently
without
knowledge
search
returned
apprehended
detained
summers
police
authority
detain
persons
away
premises
authority
detain
incident
execution
search
warrant
reach
beyond
rationale
ensuring
integrity
search
detaining
scene
second
circuit
additional
concerns
officers
believe
dangerous
detain
departing
individual
front
residence
required
stop
officers
reasonable
suspicion
criminal
activity
instead
rely
terry
risk
departing
occupant
might
alert
still
inside
residence
also
insufficient
safety
rationale
expanding
detention
authority
beyond
immediate
vicinity
premises
searched
second
law
enforcement
interest
facilitation
completion
search
unrestrained
occupants
hide
destroy
evidence
seek
distract
officers
simply
get
way
general
interest
avoiding
obstruction
search
justify
detention
beyond
vicinity
premises
occupants
kept
leaving
may
assist
officers
opening
locked
doors
containers
order
avoid
use
force
damage
property
delay
completion
search
justification
must
confined
persons
site
search
warrant
executed
position
observe
progression
search
third
interest
interest
preventing
flight
also
serves
preserve
integrity
search
officers
concerned
flight
event
incriminating
evidence
found
might
rush
search
causing
unnecessary
damage
compromising
careful
execution
need
prevent
flight
however
unbounded
might
used
argue
detention
regular
occupant
regardless
location
time
search
detaining
suspect
miles
away
ready
board
plane
even
detention
former
occupant
away
premises
facilitate
later
arrest
incriminating
evidence
discovered
mere
fact
law
enforcement
may
made
efficient
never
justify
disregard
fourth
amendment
mincey
arizona
sum
none
three
law
enforcement
interests
identified
summers
applies
similar
force
detention
recent
occupants
beyond
immediate
vicinity
premises
searched
also
insufficient
justify
expansion
rule
summers
permit
detention
former
occupant
wherever
may
found
away
scene
search
pp
recognized
summers
detention
current
occupant
represents
incremental
intrusion
personal
liberty
search
home
authorized
valid
warrant
arrest
individual
away
home
involves
additional
level
intrusiveness
public
detention
even
merely
incident
search
resemble
arrest
involve
indignity
compelled
transfer
back
premises
limiting
rule
summers
area
within
occupant
poses
real
threat
safe
efficient
execution
search
warrant
ensures
scope
detention
incident
search
confined
underlying
justification
petitioner
detained
point
beyond
reasonable
understanding
immediate
vicinity
need
define
term
since
detention
justified
interests
executing
safe
efficient
search
decision
detain
must
acted
upon
scene
search
later
time
remote
place
pp
question
whether
stopping
petitioner
lawful
terry
remains
open
remand
reversed
remanded
kennedy
delivered
opinion
roberts
scalia
ginsburg
sotomayor
kagan
joined
lia
filed
concurring
opinion
ginsburg
kagan
joined
breyer
filed
dissenting
opinion
thomas
alito
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
chunon
bailey
aka
polo
petitioner
writ
certiorari
appeals
second
circuit
february
justice
kennedy
delivered
opinion
fourth
amendment
guarantees
right
free
unreasonable
searches
seizures
search
may
person
thing
place
seizure
may
person
thing
even
place
search
seizure
may
occur
singly
combination
differing
sequence
cases
validity
one
determines
validity
instant
case
involves
search
place
apartment
dwelling
seizure
person
though
acknowledged
search
lawful
follow
seizure
lawful
well
seizure
person
quite
question
issue
resolved
whether
seizure
person
reasonable
stopped
detained
distance
away
premises
searched
justification
detention
ensure
safety
efficacy
search
july
local
police
obtained
warrant
search
residence
handgun
residence
basement
apartment
lake
drive
wyandanch
new
york
confidential
informant
told
police
observed
gun
apartment
purchase
drugs
heavy
set
black
male
short
hair
known
polo
app
search
unit
began
preparations
executing
warrant
two
officers
detectives
richard
sneider
richard
gorbecki
conducting
surveillance
unmarked
car
outside
residence
sneider
gorbecki
observed
two
men
later
identified
petitioner
chunon
bailey
bryant
middleton
leave
gated
area
basement
apartment
enter
car
parked
driveway
matched
general
physical
description
polo
provided
informant
indication
men
aware
officers
presence
knowledge
impending
search
detectives
watched
car
leave
driveway
waited
go
hundred
yards
street
followed
detectives
informed
search
team
intent
follow
detain
departing
occupants
search
team
executed
search
warrant
apartment
detectives
sneider
gorbecki
tailed
bailey
car
mile
five
minutes
pulling
vehicle
parking
lot
fire
station
ordered
bailey
middleton
car
patdown
search
men
officers
found
weapons
discovered
ring
keys
bailey
pocket
bailey
identified
said
coming
home
lake
drive
driver
license
however
showed
address
bayshore
new
york
town
confidential
informant
told
police
suspect
polo
used
live
bailey
passenger
middleton
said
bailey
giving
ride
home
confirmed
coming
bailey
residence
lake
drive
officers
put
men
handcuffs
bailey
asked
gorbecki
stated
detained
incident
execution
search
warrant
lake
drive
bailey
responded
live
anything
find
ai
mine
cooperating
investigation
detectives
called
patrol
car
take
bailey
middleton
back
lake
drive
apartment
detective
sneider
drove
unmarked
car
back
detective
gorbecki
used
bailey
set
keys
drive
bailey
car
back
search
scene
time
group
returned
lake
drive
search
team
discovered
gun
drugs
plain
view
inside
apartment
bailey
middleton
placed
arrest
bailey
keys
seized
incident
arrest
officers
later
discovered
one
bailey
keys
opened
door
basement
apartment
bailey
charged
three
federal
offenses
possession
cocaine
intent
distribute
violation
iii
possession
firearm
felon
violation
possession
firearm
furtherance
offense
violation
trial
bailey
moved
suppress
apartment
key
statements
made
stopped
detectives
sneider
gorbecki
evidence
bailey
argued
derived
unreasonable
seizure
evidentiary
hearing
district
eastern
district
new
york
denied
motion
suppress
district
held
bailey
detention
permissible
michigan
summers
detention
incident
execution
search
warrant
alternative
held
bailey
detention
lawful
investigatory
detention
supported
reasonable
suspicion
terry
ohio
trial
jury
found
bailey
guilty
three
counts
appeals
second
circuit
ruled
bailey
detention
proper
affirmed
denial
suppression
motion
interpreted
decision
summers
authoriz
law
enforcement
detain
occupant
premises
subject
valid
search
warrant
person
seen
leaving
premises
detention
effected
soon
reasonably
practicable
found
bailey
detention
justified
summers
appeals
address
district
alternative
holding
stop
permitted
terry
federal
courts
appeals
reached
differing
conclusions
whether
michigan
summers
justifies
detention
occupants
beyond
immediate
vicinity
premises
covered
search
warrant
granted
certiorari
address
question
ii
fourth
amendment
applicable
fourteenth
amendment
provides
right
people
secure
persons
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
particularly
describing
place
searched
persons
things
seized
stated
general
rule
fourth
amendment
seizures
based
probable
cause
believe
individual
committed
crime
dunaway
new
york
standard
probable
cause
roots
deep
history
henry
represent
accumulated
wisdom
precedent
experience
minimum
justification
necessary
make
kind
intrusion
involved
arrest
fourth
amendment
dunaway
supra
within
framework
fundamental
rules
latitude
police
detain
intrusion
citizen
privacy
much
less
severe
involved
traditional
arrest
opposing
interests
crime
prevention
detection
police
officer
safety
support
seizure
reasonable
summers
supra
quoting
dunaway
supra
see
also
terry
supra
holding
police
officer
reasonable
suspicion
criminal
activity
may
conduct
brief
investigative
stop
summers
defined
important
category
cases
detention
allowed
without
probable
cause
arrest
crime
permitted
officers
executing
search
warrant
detain
occupants
premises
proper
search
conducted
rule
summers
extends
farther
earlier
exceptions
require
law
enforcement
particular
suspicion
individual
involved
criminal
activity
poses
specific
danger
officers
muehler
mena
muehler
applying
rule
summers
stated
officer
authority
detain
incident
search
categorical
depend
proof
justifying
detention
extent
intrusion
imposed
seizure
quoting
summers
supra
rule
announced
summers
allows
detention
incident
execution
search
warrant
character
additional
intrusion
caused
detention
slight
justifications
detention
substantial
muehler
supra
summers
later
cases
occupants
detained
found
within
immediately
outside
residence
moment
police
officers
executed
search
warrant
summers
defendant
detained
walk
leading
front
steps
house
see
tr
oral
arg
pp
see
also
muehler
supra
detention
occupant
adjoining
garage
los
angeles
county
rettele
per
curiam
detention
occupants
bedroom
however
petitioner
left
apartment
search
began
police
officers
waited
detain
almost
mile
away
issue
whether
reasoning
summers
justify
detentions
beyond
immediate
vicinity
premises
searched
exception
fourth
amendment
rule
prohibiting
detention
absent
probable
cause
must
diverge
purpose
rationale
see
florida
royer
plurality
opinion
scope
detention
must
carefully
tailored
underlying
justification
necessary
discuss
reasons
rule
explained
summers
determine
rationale
extends
detention
like
one
summers
recognized
three
important
law
enforcement
interests
taken
together
justify
detention
occupant
premises
execution
search
warrant
officer
safety
facilitating
completion
search
preventing
flight
first
interest
identified
summers
interest
minimizing
risk
harm
officers
held
execution
warrant
search
narcotics
kind
transaction
may
give
rise
sudden
violence
frantic
efforts
conceal
destroy
evidence
risk
harm
police
occupants
minimized
officers
routinely
exercise
unquestioned
command
situation
law
enforcement
officers
execute
search
warrant
safety
considerations
require
secure
premises
may
include
detaining
current
occupants
taking
unquestioned
command
situation
officers
search
without
fear
occupants
premises
able
observe
course
search
become
disruptive
dangerous
otherwise
frustrate
search
summers
decided
muehler
mena
reasoning
conclusions
muehler
applying
summers
rule
go
quite
far
allowing
seizure
detention
persons
accommodate
necessities
search
person
detained
held
handcuffs
suspected
criminal
activity
investigated
held
detained
nonetheless
secure
premises
search
underway
safety
risk
inherent
executing
search
warrant
weapons
sufficient
justify
use
handcuffs
need
detain
multiple
occupants
made
use
handcuffs
reasonable
muehler
remand
consideration
whether
detention
alleged
two
three
hours
necessary
light
circumstances
fact
prolonged
detention
indeed
might
permitted
illustrates
authority
police
detention
made
scene
search
turn
counsels
caution
extending
power
detain
persons
stopped
apprehended
away
premises
search
conducted
likely
indeed
almost
inevitable
case
resident
occupant
return
premises
point
might
occur
officers
still
conducting
search
officers
mitigate
risk
however
taking
routine
precautions
instance
erecting
barricades
posting
someone
perimeter
door
instant
case
bailey
left
premises
apparently
without
knowledge
search
posed
little
risk
officers
scene
bailey
rushed
back
apartment
police
apprehended
detained
summers
established
principle
however
allows
arrest
anyone
away
premises
likely
return
risk
furthermore
someone
return
home
execution
search
warrant
limited
occupants
depart
shortly
start
search
risk
resident
might
return
home
either
reasons
unrelated
search
alerted
someone
scene
exists
whether
left
five
minutes
five
hours
earlier
unexpected
arrivals
occupants
persons
accustomed
visiting
premises
might
occur
many
instances
police
authority
detain
persons
away
premises
authority
detain
incident
execution
search
warrant
reach
beyond
rationale
ensuring
integrity
search
detaining
fact
scene
appeals
relied
additional
safety
consideration
concluded
limiting
application
authority
detain
immediate
vicinity
put
law
enforcement
officers
dilemma
choose
detaining
individual
immediately
risk
alerting
occupants
still
inside
allowing
individual
leave
risk
able
arrest
later
incriminating
evidence
discovered
although
danger
alerting
occupants
remain
inside
may
real
concern
instances
case
warrant
issued
safety
rationale
rests
false
premise
detention
must
take
place
officers
find
dangerous
detain
departing
front
residence
required
stop
grounds
believe
departing
occupant
dangerous
involved
criminal
activity
police
generally
need
summers
detain
least
brief
questioning
rely
instead
terry
risk
departing
occupant
might
notice
police
surveillance
alert
others
still
inside
residence
also
insufficient
safety
rationale
justify
existing
categorical
authority
detain
extends
beyond
immediate
vicinity
premises
searched
extended
way
rationale
justify
detaining
anyone
neighborhood
alert
occupants
police
outside
without
individualized
suspicion
criminal
activity
connection
residence
searched
possibility
demonstrates
necessary
confine
summers
rule
present
search
conducted
second
law
enforcement
interest
relied
summers
orderly
completion
search
may
facilitated
occupants
premises
present
interest
efficiency
derives
distinct
related
concerns
occupants
permitted
wander
around
premises
potential
interference
execution
search
warrant
hide
destroy
evidence
seek
distract
officers
simply
get
way
risks
presented
occupant
departs
beforehand
case
bailey
drove
away
lake
drive
apartment
threat
proper
execution
search
returned
officers
free
detain
point
general
interest
avoiding
obstruction
search
however
justify
detention
beyond
vicinity
premises
searched
summers
also
noted
occupants
assist
reasoning
summers
occupants
may
induce
open
locked
doors
locked
containers
avoid
use
force
damaging
property
may
also
delay
completion
task
hand
ibid
justification
must
confined
persons
site
position
detained
observe
progression
search
limiting
principle
applied
persons
beyond
premises
search
appears
police
officers
decided
wait
bailey
left
vicinity
search
detaining
event
later
became
clear
officers
bailey
wish
cooperate
see
app
live
anything
find
ai
mine
cooperating
investigation
time
officers
brought
bailey
back
apartment
search
team
discovered
contraband
bailey
detention
thus
served
purpose
ensuring
efficient
completion
search
third
law
enforcement
interest
addressed
summers
legitimate
law
enforcement
interest
preventing
flight
event
incriminating
evidence
found
proper
interpretation
language
context
summers
broader
context
reasonableness
standard
must
govern
inform
detention
incident
search
police
prohibit
occupant
leaving
scene
search
interests
identified
summers
justification
serves
preserve
integrity
search
controlling
persons
scene
police
officers
concerned
flight
keep
close
supervision
occupants
restrained
might
rush
search
causing
unnecessary
damage
property
compromising
careful
execution
allowing
officers
secure
scene
detaining
present
also
prevents
search
impeded
occupants
leaving
evidence
sought
means
find
concern
flight
danger
flight
damage
potential
flight
cause
integrity
search
interest
independently
justify
detention
occupant
beyond
immediate
vicinity
premises
searched
need
prevent
flight
unbounded
might
used
argue
detention
search
underway
regular
occupant
regardless
location
time
search
circumscribed
rationale
preventing
flight
justify
instance
detaining
suspect
miles
away
ready
board
plane
interest
preventing
escape
police
extend
far
without
undermining
usual
rules
arrest
based
probable
cause
brief
stop
questioning
standards
derived
terry
even
detention
former
occupant
away
premises
facilitate
later
arrest
incriminating
evidence
discovered
mere
fact
law
enforcement
may
made
efficient
never
justify
disregard
fourth
amendment
mincey
arizona
sum
three
law
enforcement
interests
identified
justify
detention
summers
none
applies
similar
force
detention
recent
occupants
beyond
immediate
vicinity
premises
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dissent
reasonably
practicable
test
discards
altogether