Bailey V. United State


Based on the case of Bailey V. United State write an essay on whether or not police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed. Please explain why or why not. Also use other cases as an example to explain your argument.


Bailey v. United States, 514 U.S 137 (1995) is one of the cases that mostly used as reference case in federal criminal code, especially in reference to use of firearms and police search. This case lead the Congress to amend statute 18 U.S.C. s 924 to include possession of firearms as a crime requiring mandatory term of five-year imprisonment. In addition, this case raised serious questions on rights granted under 4th Amendments on police search and seizure. In view of the provisions of Fourth Amendment and based on previous court rulings, law enforcement officers have the power to detain a person in pursuit of implementing search warrant if the person has left the building to be searched immediately before the search begins.