Cato Supreme Court Review, 2012-2013 by Ilya Shapiro

Author:Ilya Shapiro [Shapiro, Ilya]
Language: eng
Format: epub
Tags: Law, Government, General, Political Science, American Government, Judicial Branch, Public Policy, Constitutions, Legal History, Constitutional
ISBN: 9781939709097
Google: NZUhAQAAQBAJ
Goodreads: 19005228
Publisher: Cato Institute
Published: 2013-10-01T00:00:00+00:00

* Climenko Fellow and Lecturer on Law, Harvard Law School. Thanks to Danielle D’Onfro, Garrett Epps, and Matt Owen for helpful feedback.

1 452 U.S. 692, 702 (1981).

2 133 S. Ct. 1031 (2013).

3 See, e.g., Dunaway v. New York, 442 U.S. 200 (1979); United States v. Watson, 423 U.S. 411, 416–19 (1976); see also Devenpeck v. Alford, 543 U.S. 146, 152 (2004).

4 Henry v. United States, 361 U.S. 98, 100 (1959).

5 See, e.g., Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 5.1(b), at 15 (2012). There is some historical disagreement over whether war-rantless misdemeanor arrests were permissible only for breaches of the peace. See Atwater v. City of Lago Vista, 532 U.S. 318 (2001).

6 See, e.g., Phyllis T. Bookspan, Reworking the Warrant Requirement: Resuscitating the Fourth Amendment, 44 Vand. L. Rev. 473, 481 (1991) (“Today, the warrant requirement is notable more for its exceptions than its enforcement.”).

7 392 U.S. 1 (1968).

8 See Illinois v. Wardlow, 528 U.S. 119, 123 (2000); see also, e.g., Florida v. Royer, 460 U.S. 491, 498–99 (1983).

9 Dunaway, 442 U.S. at 210.

10 452 U.S. 692, 702 (1981).

11 Id. at 705.

12 Id. at 701–02.

13 Id. at 701.

14 Id.

15 Id.

16 Id. at 702.

17 Id.

18 Id.

19 Id. at 703.

20 Id. at 702–03.

21 Id. at 703–04.

22 Id. at 705 (footnote omitted).

23 Summers, 452 U.S. at 711 (Stewart, J., dissenting).

24 544 U.S. 93 (2005).

25 Id. at 98–99.

26 Id. at 100–02.

27 550 U.S. 609, 613–16 (2007).

28 See, e.g., Summers, 452 U.S. at 702 (“[B]ecause the detention in this case was in respondent’s own residence, it could add only minimally to the public stigma associated with the search itself . . . .”).

29 See Amir Hatem Ali, Note, Following the Bright Line of Michigan v. Summers: A Cause for Concern for Advocates of Bright-Line Fourth Amendment Rules, 45 Harv. C.R.-C.L. L. Rev. 483, 497–500 (2010) (noting disagreement in lower courts); LaFave, supra note 5, § 4.9(e) at pp. 924–26 & nn.142–44 (same).

30 In Bailey itself, police detained Bailey’s passenger even though he claimed to be a friend whom Bailey was driving home. 133 S. Ct. at 1036. And police did not end Bailey’s detention once he denied living at the apartment being searched. Id.

31 Summers, 452 U.S. at 705; see also Brief for Petitioner at 18–19, Bailey v. United States, 133 S. Ct. 1031 (2013) (No. 11-770).

32 Summers, 452 U.S. at 702 n.16.

33 See, e.g., United States v. Montieth, 662 F.3d 660 (4th Cir. 2011) (collecting cases).

34 See, e.g., Commonwealth v. Charros, 824 N.E.2d 809 (Mass. 2005).

35 Bailey, 133 S. Ct. at 1036 (internal quotation marks omitted).

36 Id.

37 Id.

38 United States v. Bailey, 652 F.3d 197, 205 (2d Cir. 2011).

39 Id.

40 Id. at 208.

41 Id. at 206.

42 Id. at 207.

43 556 U.S. 332 (2009).

44 See United States v. Ross, 456 U.S. 798, 808–09 (1982); Carroll v. United States, 267 U.S. 132, 155–56 (1925).

45 453 U.S. 454 (1981).

46 The Belton rule was derived from the general search-incident-to-arrest exception to the warrant requirement recognized in Chimel v. California, 395 U.S. 752 (1969), which was premised on those two rationales, see id.

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