Ikechukwu Okorie v. Virginia Crawford

GREGG COSTA, Circuit Judge:

Michigan v. Summers, 452 U.S. 692 , 705, 101 S.Ct. 2587 , 69 L.Ed.2d 340 (1981), allows law enforcement to detain the occupant of a residence where a criminal search warrant is being executed. Consistent with the touchstone of the Fourth Amendment, however, the scope of such detentions must be reasonable. Id . at 705 n.21, 101 S.Ct. 2587 ; Heitschmidt v. City of Houston , 161 F.3d 834 , 838 (5th Cir. 1998).

We confront a question that courts have rarely had to address in the nearly four decades since Summers was decided: May the government detain the owner of a…