United States v. Mittel-Carey

MEMORANDUM

YOUNG, District Judge.

I. INTRODUCTION

In Michigan v. Summers, 452 U.S. 692, 704-05, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981), the Supreme Court held that pursuant to a lawfully executed warrant, the officers involved in searching a home have limited authority to detain the occupants during the search. The Supreme Court explained that such detention “is not likely to be exploited by the officer or unduly prolonged in order to gain more information, because the information the officers seek normally will be obtained through the search and not through the detention.” Id. at 701, 101 S.Ct.…