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E.D.Mich.: Summers permits stops of defendants away from the premises

By John Wesley Hall, Jr.

Stopping defendant a few blocks away from the residence to be searched was valid under Summers, even though in Summers the defendant detained was coming down the front steps. A marked police car was needed for the stop, and it took awhile to show up. United States v. Whitley, 2009 U.S. Dist. LEXIS 12582 (E.D. Mich. February 19, 2009): Like the situations seen in Cochran, Head and Yates, the officers in this case stopped and detained Whitley as soon as was practicable after he departed the Residence. The Officers at the scene when Whitley left the residence did not have a market patrol car there and therefore radioed for a marked patrol car to make the stop. Officer Colosky testified that, after seeing Whitley leave the Residence, the officers decided to stop Whitley a few streets away from the Residence, so that the stop would be out of the view of any remaining occupants of the Residence...continue to full post

Full post as published by Fourth Amendment on February 22, 2009 (boomark / email).