IA: Detention “a few blocks” from the place of the search is too far under Summers

“Law enforcement officers executing a search warrant are permitted to detain the occupants or those in the immediate vicinity of the premises while a proper search is conducted. See Michigan v. Summers, 452 U.S. 692, 701-04, 101 S. Ct. 2587, 69 L. Ed. 2d 340 (1981). This appeal calls on us to answer the question of how far is too far in determining whether an occupant is in the immediate vicinity of the premises to be searched. While we cannot answer the question with a definitive unit of measure, we can and do say that ‘a few blocks’ is too far under the circumstances of this case.” State v. Hunter, 2020 Iowa App. LEXIS 288 (Mar. 18, 2020).

The police had probable cause for the telephonic search warrant, and there were no material omissions or falsehoods. They were working with speed because the scene was frozen, and people were kept out of their own property. United States v. Martin, 2020 U.S. Dist. LEXIS 46296 (D.Nev. Mar. 17, 2020).*