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Michigan v. Summers, 452 U.S. 692 (1981)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Michigan v. Summers, 452 U.S. 692 (1981)
Michigan v. Summers No. 79-1794 Argued February 25, 1981 -- Decided June 22, 1981 452 U.S. 692
CERTIORARI TO THE SUPREME COURT OF MICHIGAN
Syllabus
When police officers executing a warrant to search a house for narcotics encountered respondent descending the front steps, they requested his assistance in gaining entry and detained him while they searched the premises. After finding narcotics and ascertaining that respondent owned the house, the police arrested him, searched his person, and found heroin in his coat pocket. Respondent, who was charged with possession of the heroin found on his person, moved to suppress the heroin as the product of an illegal search in violation of the Fourth Amendment. The trial judge granted the motion and quashed the information, and both the Michigan Court of Appeals and the Michigan Supreme Court affirmed.
Held: The initial detention of respondent, which constituted a "seizure" and was assumed to be unsupported by probable cause, did not violate his constitutional right to be secure against an unreasonable seizure of his person. For Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted. Because it was lawful to require respondent to reenter and to remain in the house until evidence establishing probable cause to arrest him was found, his arrest and the search incident thereto were constitutionally permissible. Pp. 694-705.
407 Mich. 432, 286 N.W.2d 226, reversed.
STEVENS, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. STEWART, J., filed a dissenting opinion, in which BRENNAN and MARSHALL, JJ., joined, post, p. 706.
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Chicago: U.S. Supreme Court, "Syllabus," Michigan v. Summers, 452 U.S. 692 (1981) in 452 U.S. 692 452 U.S. 693. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=E3FP8AZGS8D42FJ.
MLA: U.S. Supreme Court. "Syllabus." Michigan v. Summers, 452 U.S. 692 (1981), in 452 U.S. 692, page 452 U.S. 693. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=E3FP8AZGS8D42FJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Michigan v. Summers, 452 U.S. 692 (1981). cited in 1981, 452 U.S. 692, pp.452 U.S. 693. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=E3FP8AZGS8D42FJ.
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