Michigan v. Summers
Encyclopedia
Michigan v. Summers, 452 U. S. 692
(1981), was a 6-3 decision by the United States Supreme Court which held for Fourth Amendment
purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
and the trial judge granted the motion and quashed the information. Both the Michigan Court of Appeals
and the Michigan Supreme Court
affirmed the trial court's judgment.
, and border searches, in United States v. Brignoni-Ponce
, and explained that an exception to the general requirement of probable cause might be made based on the "character of the official intrusion and its justification." With respect to the character of the intrusion, the majority opinion rested in large part on the fact that a neutral magistrate had issued a search warrant for contraband:
The majority also noted that the detention of Summers carried little public stigma because he was being detained in his own residence, as opposed to in public. The majority found three justifications for detaining occupants while executing a search warrant: (1) the legitimate law enforcement interest in preventing flight in the event that incriminating evidence is found, (2) the interest in minimizing the risk of harm to the officers, and (3) the orderly completion of the search, which may be facilitated if the occupants of the premises are present. The majority also emphasized that the existence of a search warrant provides objective justification for the detention. On these grounds, the majority held that, for Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
Scholars have challenged the clarity and efficacy of this bright-line rule
in practice.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1981), was a 6-3 decision by the United States Supreme Court which held for Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
Background
As Detroit police officers were about to execute a warrant to search a house for narcotics, they encountered George Summers descending the front steps. They requested his assistance in gaining entry, and detained him while they searched the premises. After finding narcotics in the basement and ascertaining that Summers owned the house, the police arrested him, searched his person, and found in his coat pocket an envelope containing 8.5 grams of heroin. Summers was charged with possession of the heroin found on his person. He moved to suppress the heroin as the product of an illegal search in violation of the Fourth AmendmentFourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
and the trial judge granted the motion and quashed the information. Both the Michigan Court of Appeals
Michigan Court of Appeals
The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965...
and the Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
affirmed the trial court's judgment.
Decision
The Supreme Court reversed the judgment below, holding that the detention of Summers did not violate the Fourth Amendment. Justice Stevens, writing for the majority, noted that the detention did amount to a 'seizure' within the meaning of the Fourth Amendment and assumed that the seizure was not supported by probable cause. However, the majority likened this case to its jurisprudence on street frisks, in Terry v. OhioTerry v. Ohio
Terry v. Ohio, 392 U.S. 1 , was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police...
, and border searches, in United States v. Brignoni-Ponce
United States v. Brignoni-Ponce
United States v. Brignoni-Ponce, , was the case in which the Supreme Court determined it was a violation of the Fourth Amendment for a roving patrol car to stop a vehicle solely on the basis of the driver appearing to be of Mexican descent...
, and explained that an exception to the general requirement of probable cause might be made based on the "character of the official intrusion and its justification." With respect to the character of the intrusion, the majority opinion rested in large part on the fact that a neutral magistrate had issued a search warrant for contraband:
The majority also noted that the detention of Summers carried little public stigma because he was being detained in his own residence, as opposed to in public. The majority found three justifications for detaining occupants while executing a search warrant: (1) the legitimate law enforcement interest in preventing flight in the event that incriminating evidence is found, (2) the interest in minimizing the risk of harm to the officers, and (3) the orderly completion of the search, which may be facilitated if the occupants of the premises are present. The majority also emphasized that the existence of a search warrant provides objective justification for the detention. On these grounds, the majority held that, for Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
Scholars have challenged the clarity and efficacy of this bright-line rule
Bright-line rule
A bright-line rule is a clearly defined rule or standard, generally used in law, composed of objective factors, which leaves little or no room for varying interpretation. The purpose of a bright-line rule is to produce predictable and consistent results in its application...
in practice.