Applying Michigan v. Summers to Off-Premises Seizures: The "As Early As Practicable" Standard

Authors

David Torreblanca

Document Type

Note

Abstract

(Excerpt)

Part I provides an overview of the Fourth Amendment’s protection against unreasonable searches and seizures, first discussing general Fourth Amendment principles, then analyzing the Supreme Court’s Summers decision. Part II addresses the circuit split over extending Summers where the occupant of the premises has left the property. Part II discusses the approaches taken by the four circuits that have applied, and the two circuits that have declined to apply, Summers to off-premises detainments. Part III argues that the circuits that have extended Summers where officers have detained occupants off premises are correct. It asserts that such detainments are reasonable seizures so long as the officers detained the occupants as soon as practicable after observing the occupants leave the property, and it provides guidelines for applying this test. Part III further contends that the policies underlying the Fourth Amendment and the Summers decision support that result. Finally, Part IV addresses the Supreme Court’s recent decision rejecting the “as soon as practicable” standard and articulates why the Court’s approach falls short and needs to be revisited.