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7th Circuit extends search, detainment precedent

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More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.

With a ruling today, the federal appeals court has extended that precedent to someone who’s left the residence before the search begins, but is suspected of being criminally involved in the activity at that home and is pulled over and detained during the search.

The 39-page opinion authored by U.S. Judge John Tinder in the case of  United States of America v. Derrick L. Bullock, No. 10-2238, comes from the Northern District of Indiana.

Bullock was pulled over in Fort Wayne and detained while police searched a residence he’d been visiting. Police then arrested him for visiting a common nuisance under Indiana law after finding marijuana and crack cocaine and evidence of recurrent, widespread drug activity within the residence. Bullock pled guilty to possession with intent to distribute 5-50 grams of cocaine in violation of 21 U.S.C. § 841(a)(1), conditioned on his ability to appeal a ruling by Judge Theresa L. Springmann that denied his motion to suppress the evidence that led to his conviction.

Bullock argued that police didn’t have reasonable suspicion to pull him over a few blocks from the residence he’d been visiting where the drugs were found, nor that he should have been detained during the search. But the 7th Circuit disagreed, finding probable cause and justification under both the landmark case Terry v. Ohio, 392 U.S. 1 (1968) and Michigan v. Summers, 452 U.S. 692 (1981) which extended the momentary detainment to a resident. Police handcuffed and put Bullock in a patrol car for 30 to 40 minutes and transported him to the scene. The federal appeals judges found that reasonable since police didn’t question or “abuse” Bullock during that detainment.

Noting that it had extended Summers to visitors at a residence in the case of U.S. v. Pace, 898 F. 2d 1218, 1239 (7th Cir. 1990), the panel looked to other Circuits that have extended it further in this case and allowed for Bullock to be detained because of his history and suspected involvement. Some Circuits haven’t extended the higher precedent to these types of circumstances, but the panel found this case warrants it.

Judge Tinder wrote that the officers’ interests in detaining Bullock during the search were not outweighed by the rather limited intrusion on his freedom. The panel also noted that police had probable cause to arrest Bullock as they did, because drugs were visible.

“As the District court found, a common-sense view of the everyday realities of life would lead officers to reasonably believe that Bullock was aware that drug use had occurred inside the residence, and there was evidence that it occurred on more than one occasion,” Judge Tinder wrote. “While the officers could not have been certain that Bullock was aware of the marijuana in the dining room or other evidence of drug activity found in the residence, they had probable cause to believe so based on Bullock’s presence in the house that day and his prior association with the residence that led officers to obtain a search warrant for the premises.”
 

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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