ID: Michigan v. Summers on detention of bystanders can apply to arrest warrants, too

Summers rationale of detaining bystanders when executing a search warrant can apply to arrest warrants. Here, the target of the arrest warrant fled, and that justified the officers in detaining the others just in case of a risk of a violent reaction. State v. Williams, 2016 Ida. App. LEXIS 71 (June 16, 2016):

Although the concerns that arise when the police are serving an arrest warrant are somewhat different from the concerns that arise when the police are searching for evidence of a crime, see Steagald v. United States, 451 U.S. 204, 212 (1981), courts have applied the rationale in Summers to cases involving arrest warrants. United States v. Enslin, 327 F.3d 788, 797 (9th Cir. 2003) (reasoning a limited seizure of a third party during a consent search for a fugitive is constitutionally reasonable); Way v. State, 101 P.3d 203, 209 (Alaska Ct. App. 2004) (holding officers have the authority to restrain third parties at a residence when executing an arrest warrant to prevent interference with the arrest, but officers have no basis for continuing the detention of the third parties after the arrest has been made); State v. Valdez, 68 P.3d 1052, 1056 (Utah Ct. App. 2003) (holding the limited seizure of a third party during the execution of an arrest warrant is permissible). We see no reason not to apply the reasoning of these cases here.

In this case, the officers’ sole reason for approaching Williams and the other individuals outside the apartment was to execute an arrest warrant. Upon approaching the group, the subject of the arrest warrant fled and an officer pursued him. Because of this, the remaining officers were justified in taking precautions by detaining Williams to ensure the safety of the officers and the orderly conduct of the execution of the arrest warrant. Officers had been observing the apartment for thirty minutes and during that time, although only one person entered, the officers saw four people exit the apartment and stand by the door. Thus, it was reasonable for the officers to believe more people or weapons could be inside the apartment. Further, it was reasonable for the officers to initially detain Williams to ensure the safety of the officers. Additionally, it was reasonable for the officers to conclude that because they observed Williams with the subject of the arrest warrant, Williams was related to or friends with the suspect and as such, may attempt to assist him in escaping. During his detention, before the subject of the warrant was arrested, Williams was not handcuffed, patted down, or searched, and the initial detention lasted only three to four minutes. Because the detention was minimal and effectuated in order to obtain information, potentially prevent a suspect from evading the police, and ensure the safety of the officers involved, Williams’ initial detention was reasonable.

Williams’ initial detention ended once the subject of the arrest warrant was secured. As the officer returned to the front of the apartment to let the other officers know the subject had been arrested, he detected a strong smell of marijuana emanating from the apartment. The apartment owner then admitted to marijuana being in the residence. Accordingly, the officers had a new basis to detain Williams based on their reasonable suspicion that he was guilty of frequenting. Because of these new facts, the officers’ continued detention of Williams [*9] after securing the subject of the arrest warrant was reasonable based on specific, articulable facts justifying the suspicion of frequenting. Thus, Williams’ initial detention was properly extended based upon a new reasonable suspicion of frequenting.

Alternatively, Williams’ detention was a lawful investigatory detention based on the officers’ reasonable articulable suspicion that Williams committed, or was about to commit, a crime. The district court did not address whether it was lawful to detain Williams to investigate whether he harbored a fugitive. However, where a ruling in a criminal case is correct, though not based upon a correct reason, it still may be sustained upon the proper legal theory. See State v. Avelar, 129 Idaho 700, 704, 931 P.2d 1218, 1222 (1997). Williams conceded both below and now on appeal that the officers could lawfully detain him to investigate whether he was guilty of harboring a fugitive, but he argues his detention was nonetheless unreasonably prolonged.