Bailey v. United States

133 S. Ct. 1031, 185 L. Ed. 2d 19, 568 U.S. 186, 2013 U.S. LEXIS 1075
CourtSupreme Court of the United States
DecidedFebruary 19, 2013
Docket11-770
StatusPublished
Cited by379 cases

This text of 133 S. Ct. 1031 (Bailey v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bailey v. United States, 133 S. Ct. 1031, 185 L. Ed. 2d 19, 568 U.S. 186, 2013 U.S. LEXIS 1075 (U.S. 2013).

Opinions

Justice Kennedy

delivered the opinion of the Court.

The Fourth Amendment guarantees the right to be free from unreasonable searches and seizures. A search may be of a person, a thing, or a place. So too a seizure may be of a person, a thing, or even a place. A search or a seizure may occur singly or in combination, and in differing sequence. In some cases the validity of one determines the validity of the other. The instant case involves the search of a place (an apartment dwelling) and the seizure of a person. But here, though it is acknowledged that the search was lawful,.it does not follow that the seizure was lawful as well. The seizure of the person is quite in question. The issue to be resolved is whether the seizure of the person was reasonable when he was stopped and detained at some distance away from the premises to be searched when the only justification for [190]*190the detention was to ensure the safety and efficacy of the search.

I

A

At 8:45 p.m. on July 28, 2005, local police obtained a warrant to search a residence for a .380-caliber handgun. The residence was a basement apartment at 103 Lake Drive, in Wyandanch, New York. A confidential informant had told police he observed the gun when he was at the apartment to purchase drugs from “a heavy set black male with short hair” known as “Polo.” App. 16-26. As the search unit began preparations for executing the warrant, two officers, Detectives Richard Sneider and Richard Gorbecki, were conducting surveillance in an unmarked car outside the residence. About 9:56 p.m., Sneider and Gorbecki observed two men—later identified as petitioner Chunon Bailey and Bryant Middleton—leave the gated area above the basement apartment and enter a car parked in the driveway. Both matched the general physical description of “Polo” provided by the informant. There was no indication that the men were aware of the officers’ presence or had any knowledge of the impending search. The detectives watched the car leave the driveway. They waited for it to go a few hundred yards down the street and followed. The detectives informed the search team of their intent to follow and detain the departing occupants. The search team then executed the search warrant at the apartment.

Detectives Sneider and Gorbecki tailed Bailey’s car for about a mile—and for about five minutes—before pulling the vehicle over in a parking lot by a fire station. They ordered Bailey and Middleton out of the car and did a patdown search of both men. The officers found no weapons but discovered a ring of keys in Bailey’s pocket. Bailey identified himself and said he was coming from his home at 103 Lake Drive. His driver’s license, however, showed his address as Bay-[191]*191shore, New York, the town where the confidential informant told the police the suspect, “Polo,” used to live. Id., at 89. Bailey’s passenger, Middleton, said Bailey was giving him a ride home and confirmed they were coming from Bailey’s residence at 103 Lake Drive. The officers put both men in handcuffs. When Bailey asked why, Gorbecki stated that they were being detained incident to the execution of a search warrant at 103 Lake Drive. Bailey responded: “I don’t live there. Anything you find there ain’t mine, and I’m not cooperating with your investigation.” Id., at 57, 77.

The detectives called for a patrol cár to take Bailey and Middleton back’ to the Lake Drive apartment. Detective Sneider drove the unmarked car back, while Detective Gor-becki used Bailey’s set of keys to drive Bailey’s car back to the search scene. By the time the group returned to 103 Lake Drive, the search team had discovered a gun and drugs in plain view inside the apartment. Bailey and Middleton were placed under arrest, and Bailey’s keys were seized incident to the arrest. Officers later discovered that one of Bailey’s keys opened the door of the basement apartment.

B

Bailey was charged with three federal offenses: possession of cocaine with intent to distribute, in violation of 21 U. S. C. §§ 841(a)(1) and (b)(1)(B)(iii); possession of a firearm by a felon, in violation of 18 U. S. C. § 922(g)(1); and possession of a firearm in furtherance of a drug-trafficking offense, in violation of § 924(c)(1)(A)(i). At trial Bailey moved to suppress the apartment key and the statements he made when stopped by Detectives Sneider and Gorbecki. That evidence, Bailey argued, derived from an unreasonable seizure. After an evidentiary hearing the United States District Court for the Eastern District of New York denied the motion to suppress. The District Court held that Bailey’s detention was permissible under Michigan v. Summers, 452 U. S. 692 (1981), as a detention incident to the execution of [192]*192a search warrant. In the alternative, it held that Bailey’s detention was lawful as an investigatory detention supported by reasonable suspicion under Terry v. Ohio, 392 U. S. 1 (1968). After a trial the jury found Bailey guilty on all three counts.

The Court of Appeals for the Second Circuit ruled that Bailey’s detention was proper and affirmed denial of the suppression motion. It interpreted this Court’s decision in Summers to “authoriz[e] law enforcement to detain the occupant of premises subject to a valid search warrant when that person is seen leaving those premises and the detention is effected as soon as reasonably practicable.” 652 F. 3d 197, 208 (2011). Having found Bailey’s detention justified under Summers, the Court of Appeals did not address the District Court’s alternative holding that the stop was permitted under Terry.

The Federal Courts of Appeals have reached differing conclusions as to whether Michigan v. Summers justifies the detention of occupants beyond the immediate vicinity of the premises covered by a search warrant. This Court granted certiorari to address the question. 566 U. S. 1033 (2012).

H—i

The Fourth Amendment, applicable through the- Four- ' teenth Amendment to the States, provides: “The right of the people to be secure in their persons ... against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . . particularly describing the place to be searched, and the persons or things to be seized.” This Court has stated “the general rule that Fourth Amendment seizures are ‘reasonable’ only if based on probable cause” to believe that the individual has committed a crime. Dunaway v. New York, 442 U. S. 200, 213 (1979). The standard of probable cause, with “roots that are deep in our history,” Henry v. United States, 361 U. S. 98, 100 (1959), “represent[s] the accumulated wisdom of precedent and ex[193]*193perience as to the minimum justification necessary to make the kind of intrusion involved in an arrest ‘reasonable’ under the Fourth Amendment.” Dunaway, supra, at 208.

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Cite This Page — Counsel Stack

Bluebook (online)
133 S. Ct. 1031, 185 L. Ed. 2d 19, 568 U.S. 186, 2013 U.S. LEXIS 1075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-united-states-scotus-2013.