Bailey v. United States Decided

August 21, 2012

Whether someone who has left the immediate vicinity of a house that is about to be searched may be seized by the police without probable cause.

In 1981, the Supreme Court ruled that the occupants of a house that is being lawfully searched may be detained to facilitate the search and promote officer safety. In an amicus brief filed with the Cato Institute, the ACLU argues that neither of these rationales applies to someone who has left the immediate vicinity of the house before the search begins.

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