To understand the Chunon Bailey case, one must begin with a basic understanding of two Supreme Court decisions: Michigan v. Summers and Terry v. Ohio. Summers was decided in 1981 and Terry in 1968. Summers deals with the detention of a suspect incident to the execution of a search warrant while Terry deals with investigatory detention supported by reasonable suspicion. Both cases essentially deal with the reach and protection of the Fourth Amendment; namely, that search and seizures are unreasonable unless based on probable cause. The Supreme Court has long pointed out that prerequisite probable cause has “roots that are deep in our history” which “represent[s] the accumulated wisdom of precedent and experience as to make the minimum justification necessary to make the kind of intrusion involved in an arrest ‘reasonable’ under the Fourth Amendment.”
↧
