context: It appears the district court may have mistakenly applied the line of cases giving law enforcement officers authority to detain occupants of a home during the execution of a search warrant authorizing a search of the home, without any particularized suspicion of criminal activity by the individuals detained.
citation_a.signal: see
citation_a.identifier: 452 U.S. 692, 705
citation_a.parenthetical: holding "that a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted"
citation_a.sentence: See, e.g., Muehler v. Mena, 544 U.S. 93, 98, 161 L. Ed. 2d 299, 125 S. Ct. 1465 (2005); Michigan v. Summers, 452 U.S. 692, 705, 69 L. Ed. 2d 340, 101 S. Ct. 2587 (1981) (holding “that a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted”); see also Ybarra v. Illinois, 444 U.S. 85, 93-94, 62 L. Ed. 2d 238, 100 S. Ct. 338 (1979) (search or frisk of occupants of residence during execution of search warrant is unlawful unless based upon a particularized, reasonable suspicion that the individual subjected to the pat-down search is armed and dangerous).
citation_b.signal: see also
citation_b.parenthetical: search or frisk of occupants of residence during execution of search warrant is unlawful unless based upon a particularized, reasonable suspicion that the individual subjected to the pat-down search is armed and dangerous
citation_b.sentence: See, e.g., Muehler v. Mena, 544 U.S. 93, 98, 161 L. Ed. 2d 299, 125 S. Ct. 1465 (2005); Michigan v. Summers, 452 U.S. 692, 705, 69 L. Ed. 2d 340, 101 S. Ct. 2587 (1981) (holding “that a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted”); see also Ybarra v. Illinois, 444 U.S. 85, 93-94, 62 L. Ed. 2d 238, 100 S. Ct. 338 (1979) (search or frisk of occupants of residence during execution of search warrant is unlawful unless based upon a particularized, reasonable suspicion that the individual subjected to the pat-down search is armed and dangerous).