CA9: Unreasonable detention of those present when SW executed not shown

“The district court also did not err in granting summary judgment in favor of the individual defendants on Strong and Byers’ claims that the detention violated their Fourth Amendment rights. Officers may detain all persons present when a warrant is executed and during the search. Muehler v. Mena, 544 U.S. 93, 98 (2005). Moreover, Strong and Byers cite no evidence in support of their argument that their detention was unconstitutionally prolonged. See id. at 102.” Strong v. City of Eugene, 2018 U.S. App. LEXIS 14375 (9th Cir. May 31, 2018).

The entry into defendant’s hotel room without a search warrant to freeze the location did not violate the Fourth Amendment. The decision to seek a search warrant had essentially already made, and the observations in the room did not enter into the application for the warrant. United States v. Gomez, 2018 U.S. Dist. LEXIS 88989 (N.D. W.Va. May 29, 2018).* Substantially in accord: United States v. Porter, 2018 U.S. Dist. LEXIS 92009 (M.D. Tenn. June 1, 2018).*

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