W.D.Mich.: Def standing next door wasn’t on his property when the SW was executed at his house and could not be detained

A search warrant was issued for defendant’s house for two buys from it: one an hour earlier, and another a week earlier. The warrant authorized detention and search of persons found there. When 19 officers showed up to serve the warrant, defendant was standing in the driveway next door. His detention under the warrant was unreasonable under Summers because he wasn’t on the property to be searched. United States v. McElrath, 2018 U.S. Dist. LEXIS 148653 (W.D. Mich. Aug. 31, 2018).

Defendant wasn’t arrested for speedy trial purposes when he voluntarily accompanied officers to the police station, gave a DNA sample, and then was permitted to leave. Davis v. State, 2018 Fla. App. LEXIS 12397 (Fla. 5th DCA Aug. 31, 2018).*

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