FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Dynamic Plaques - FVT Plaques
FVT Plaques is introducing new dynamic plaques to recognize police and sheriff's...

Facial Recognition

Ask The Expert

Roger Rodriguez

Manager of Image Analytics

Roger served over 20 years with the NYPD, where he spearheaded the NYPD’s first dedicated facial recognition unit. The unit has conducted more than 8,500 facial recognition investigations, with over 3,000 possible matches and approximately 2,000 arrests. Roger’s enhancement techniques are now recognized worldwide and have changed law enforcement’s approach to the utilization of facial recognition technology.

Top News

Warrantless Detention Case Heads to Supreme Court

June 04, 2012  | 

Photo: POLICE file
Photo: POLICE file

The U.S. Supreme Court agreed Monday to consider whether police can detain a suspect who leaves a location while officers are waiting for a search warrant for the location.

Justices agreed to consider the appeal of Chunon Bailey, who was sentenced to 30 years on drug and weapon charges stemming from his arrest in 2005, reports Courthouse News.

Prior to his arrest, Suffolk County (N.Y.) Police Department detectives obtained a search warrant for a basement apartment located in Wyandanch, N.Y. When detectives arrived at the location, they saw Bailey and a second man leave the location from the rear. Bailey was arrested nearby and a search of the location revealed five grams of cocaine and a firearm.


Comments (1)

Displaying 1 - 1 of 1

John Tate (New Mex.) @ 6/5/2012 3:21 PM

In NM, you may detain a/the resident during a search, but not necessarily anyone else.

See State v. Neal, 142 NM 176, para 26 - 27 (NMSC 2007) citing State v. Graves, 119 NM 89 (NMCA 1994).

"In Graves, the Court of Appeals held that 'mere presence does not justify the arrest or detention of a person, other than the resident, at a residence lawfully being searched.' The police were executing a valid search warrant that named to be searched 'any persons and/or vehicles which can be shown to be involved in drug dealing (purchasing or selling).' In addition to the residents of the house, police detained and handcuffed non-residents, including the defendant, for at least thirty minutes, despite any shown connection with the drugs and paraphernalia discovered on the premises or any other grounds to suspect such a connection.

"The Court concluded that no circumstances existed to give rise to reasonable suspicion to believe the defendant was involved in criminal activity and no articulable reason to detain him. In holding that mere presence was insufficient to establish reasonable suspicion to detain a non-resident, the Court reasoned that 'recognizing presence alone as sufficient to detain a person found on premises subject to a search warrant would provide unlimited and unreviewable discretion. Such discretion, we believe, would betray the underlying principles of the Fourth Amendment."

Join the Discussion





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

Video: Man Killed by Charlotte Officer Last Week Carried Stolen Gun, Family Knew It
The order, filed in Gaston County, said that Scott hit his child in the head with his...
Video: Protesters Demand Charlotte Police Chief, Mayor Resign
During Monday night's city council meeting, protesters packed into the city's government...
Video: Jane Doe Free After Attack on Albuquerque Officer Because She Can’t be ID’ed
A woman attacked an Albuquerque police officer by bashing a rock on his head. Police were...
Video: California Trooper Mobbed in Car at Fresno Intersection
The Fresno Police Department is using cell phone video to try to ID the people who...
Video: Sharpton Wants Tulsa Officer Who Said Crutcher Looks Like "Bad Dude" Charged
The officer who killed an unarmed man in Tulsa isn't the only one who should face charges,...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine