{"id":6600,"date":"2012-05-02T07:31:56","date_gmt":"2012-01-28T12:10:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-28T12:10:03","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6600","title":{"rendered":"CA8: Warrant for person and his house authorizes bringing him back to house for his search"},"content":{"rendered":"

Where officers had a search warrant for defendant\u2019s person and his house, it did not violate the Fourth Amendment to move him from where he was found nearby back to his house for the search to occur. United States v. Flagg<\/a>, 455 Fed. Appx. 719 (8th Cir. 2012):<\/p>\n

Here, officers obtained a warrant to search Flagg’s person and a residence located at 2312 Southeast 18th Street, Des Moines, Iowa (18th Street residence). While executing the warrant, officers located Flagg at a neighboring residence and transferred him to the warrant-covered residence. Flagg challenges this transfer, but we see no Fourth Amendment violation in transferring Flagg-only a short distance-from a neighboring residence to the warrant-covered residence. See United States v. Slupe<\/a>, 692 F.2d 1183, 1189 (8th Cir. 1982) (recognizing that a warrant to search a person authorizes an arrest of that person for purposes of conducting the search); United States v. Baca<\/a>, 480 F.2d 199, 203 (10th Cir. 1973) (finding that search warrant did not require the search of a person to be conducted at a particular location). This is especially true in light of the officers’ concern for their ability to control the situation at the neighboring residence. See Pennsylvania v. Mimms<\/a>, 434 U.S. 106, 111 (1977) (per curiam) (“What is at most a mere inconvenience cannot prevail when balanced against legitimate concerns for the officer’s safety.”). Moreover, given that officers obtained a warrant for the 18th Street residence and reasonably believed Flagg lived there, we conclude it was constitutionally reasonable to detain Flagg after the search of his person, for the relatively short time officers needed to search the residence. See Michigan v. Summers<\/a>, 452 U.S. 692, 705 (1981) (concluding “it is constitutionally reasonable to require [a] citizen to remain while officers of the law execute a valid warrant to search his home”). Although Flagg asserts that the officers simply transferred him to the 18th Street residence so they could interrogate him, the rule is well-established that as long as officers act according to a legally justified search and seizure, their subjective motivations are not relevant to a Fourth Amendment analysis. McClendon v. Story Cnty. Sheriff’s Office, 403 F.3d 510, 515-16 n.4 (8th Cir. 2005). Accordingly, the district court did not err in denying Flagg’s motion to suppress.<\/p><\/blockquote>\n

[Note: They have a search warrant. The warrant authorizes a search of the person. How much of an additional invasion of liberty is it to be moved a short distance for the search, when a person can be moved around some merely on reasonable suspicion? How can you realistically argue that the Fourth Amendment was violated under such circumstances?]<\/p>\n","protected":false},"excerpt":{"rendered":"

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