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''Bailey v. United States'', (2013), is a United States Supreme Court case concerning search and seizure. A 6-3 decision reversed the weapons conviction of a Long Island man who had been detained when police chased his vehicle after he fled from his house just before it was to be searched. Justice Anthony Kennedy wrote the majority opinion, and Antonin Scalia filed a concurrence. Stephen Breyer dissented. The Second Circuit Court of Appeals had upheld the conviction. It accepted the government's argument that the Court's 1981 holding in ''Michigan v. Summers'' that persons in the immediate vicinity of a search can be detained while the search was being executed was broad enough to cover the pursuit and detention of a defendant who had left the scene in a vehicle. Kennedy's opinion held that it did not, since once Bailey had driven away none of the law-enforcement interests the earlier holding identified were involved. Scalia said that the only thing that mattered was that the vehicle was no longer in the immediate vicinity, and that balancing tests created confusion. Breyer argued that the police did, in fact, have those interests despite Bailey's departure by vehicle. ==Background== On Thursday, July 28, 2005 officers of the Suffolk County, New York, police department obtained a warrant to search the basement apartment of a house for a .380-caliber handgun. The warrant was obtained based on a tip by a confidential informant who told police officers that he had seen the gun on a previous weekend when purchasing drugs at the apartment from a man named "Polo." Before executing the search warrant, two officers surveilling the apartment observed two men exit the apartment complex, both of whom matched the description provided by the confidential informant. The officers watched the men get into a car and drive away. The officers followed the two individuals for approximately 5 minutes or one mile, and then pulled the men over. They ordered the men out of the car and conducted a pat down search, which turned no weapons or contraband. The officers then seized the driver's keys and handcuffed both men. The officers told them men that they were not under arrest, but were being detained incident to the execution of the search warrant. The officers drove the two men back to the apartment, which by then had been secured and searched by other officers. The search turned up multiple guns, ammunition, drugs and drug paraphernalia. Both men were then formally placed under arrest. Chunon L. Bailey, one of the two men arrested, was charged with possessing cocaine with the intent to distribute and possessing a firearm as a felon. He moved to suppress the evidence based on his unlawful detention after he had already left his apartment. The trial court rejected that motion, holding that the detention was justified under ''Michigan v. Summers''. The defendant was convicted and, on appeal, the United States Court of Appeals for the Second Circuit agreed. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Bailey v. United States (2013)」の詳細全文を読む スポンサード リンク
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