M.D.Tenn.: While def’s search under “all persons” clause of SW was unreasonable, he was still subject to Terry detenion

A search of defendant under an “all persons” clause in a warrant was unreasonable. Still, however, the officers had reasonable suspicion to detain him. His admission then was that he had a gun, and that led to a frisk. “Giving ‘great deference’ to the General Sessions Judge’s determination that there are particular facts to find that probable cause existed. The search warrant here does not conform to the constitutional standards to uphold the detention and search of Utley based on the ‘all persons’ clause. … The Government alternatively argues that the officers had authority to detain him under Summers. The Government has the burden to prove that the warrantless detention of Utley was appropriate. United States v. Matlock, 415 U.S. 164 n.14 (1974); United States v. Herndon, 501 F.3d 683, 692 (6th Cir. 2007). Adhering to precedent established in Summers and Bailey, the detention of Utley was proper.” United States v. Utley, 2018 U.S. Dist. LEXIS 73363 (M.D. Tenn. May 1, 2018).

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