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Michigan v. Summers

Significance, Detention While Search Is Conducted Is Reasonable, An Unwarranted Extension Of Terry, Impact


State of Michigan


George Summers

Petitioner's Claim

That a valid warrant to search a person's home also allows the police officers conducting the search to detain the homeowner while the search is being conducted.

Chief Lawyer for Petitioner

Timothy A. Baughman

Chief Lawyer for Respondent

Gerald M. Lorence

Justices for the Court

Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, John Paul Stevens (writing for the Court), Byron R. White

Justices Dissenting

William J. Brennan, Jr., Thurgood Marshall, Potter Stewart


Washington, D.C.

Date of Decision

22 June 1981


That a warrant to search a home carries with it an implicit authority on the part of the officers executing the warrant to detain the occupants of the home while the search is being conducted.

Related Cases

  • Terry v. Ohio, 392 U.S. 1 (1968).
  • Adams v. Williams, 407 U.S. 143 (1972).
  • Payton v. New York, 445 U.S. 573 (1980).
  • Maryland v. Wilson, 519 U.S. 408 (1997).

Further Readings

  • Dressler, Joshua. Understanding Criminal Procedure. New York: Matthew Bender & Co., 1991.
  • LaFave, Wayne R. Search and Seizure: A Treatise on the Fourth Amendment, 3rd ed. St. Paul, MN: West Publishing Co., 1996.
  • Riggs, Jenny L. "Excluding Automobile Passengers from Fourth Amendment Protection." Journal of Criminal Law and Criminology, spring 1998, p. 957.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988