United States v. Bailey
2011 U.S. App. LEXIS 13706
2d Cir.2011Background
- Bailey was convicted after a jury trial of drug possession with intent to distribute and firearm offenses, and was sentenced to concurrent and consecutive terms with supervised release.
- Detectives obtained a search warrant for the basement apartment at 103 Lake Drive, Wyandanch, based on a confidential informant identifying Bailey as a target and describing a chrome handgun.
- Bailey and a co‑occupant were observed leaving the basement premises within minutes of the warrant’s execution and were detained as part of the search.
- Bailey was detained briefly after exiting the premises, transported to the residence, and arrested once the search team located contraband in plain view.
- Bailey challenged the detention as unlawful under the Fourth Amendment, and moved to suppress the evidence and his statements; he also challenged his counsel’s performance under Strickland in a § 2255 motion.
- The district court denied the suppression motion, concluded Summers permitted detention, and the § 2255 motion alleging ineffective assistance was denied; the Second Circuit upheld both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of detention under Summers/Terry | Bailey argues detention violated Fourth Amendment rights. | Bailey contends Summers does not extend to detentions away from the premises or without immediate proximity. | Detention lawful under Summers; detained as soon as practicable after leaving. |
| Effect of trial counsel's alleged failure on suppression | Counsel failed to present layout evidence showing ambiguity of Bailey's exit path affected detention. | Evidence would not have changed Summers analysis; no prejudice under Strickland. | No prejudice; Strickland not satisfied; no reversible error on this ground. |
Key Cases Cited
- Michigan v. Summers, 452 U.S. 692 (U.S. 1981) (detention of occupants during a valid search is reasonable)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion standard for brief detentions)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice requirement under Strickland)
- Muehler v. Mena, 544 U.S. 93 (U.S. 2005) (reasonableness of detention during a warrant execution)
- Cavazos, 288 F.3d 706 (5th Cir. 2002) (proximity and Summers extension considerations)
- Sherrill, 27 F.3d 344 (8th Cir. 1994) ( Summers not extended when occupant leaves unaware of warrant)
- Edwards, 103 F.3d 90 (10th Cir. 1996) (detention when occupant leaves but is unaware of warrant)