Cotton v. State

BELL, C.J., BATTAGLIA, and GREENE, JJ.,

dissent.

Dissenting Opinion by BATTAGLIA, J. which BELL, C.J. and GREENE, J., join.

I dissent. This case involves the detention and search of a nonresident who was outside of a dwelling during the execution of a “no-knock” warrant. The Majority is, despite its protestations to the contrary, adopting an overly broad interpretation of Michigan v. Summers, 452 U.S. 692, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981), so that a person present anywhere outside on property where a search warrant is executed may be detained in the absence of independent probable cause or…