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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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