In 1981, the United States Supreme Court ruled that officers have the authority to detain people without suspicion of criminal activity during the execution of a search warrant at a residence.
The 1981 ruling was based on the concepts of officer safety and to keep a person from fleeing during a raid. However, the high court provided more clarification to the scope of the constitutional authority law enforcement has in detaining people without suspicion during a raid in a ruling handed down Tuesday.
The justices voted six to three limiting the authority of police to detain a person related to a search to the immediate vicinity of the location identified in the search warrant. Generally, law enforcement is not entitled under our Constitution to unreasonably detain a person without a basis to suspect the person of criminal activity.
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