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The Court held that to allow the detention of a person, even if they are somehow connected to the premises being searched, to be detained in the absence of either reasonable suspicion or probable cause .. “would give officers too much discretion,” and would add an “additional level of intrusiveness.”

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It has been the law for some time that, during the execution of a search warrant in Colorado, the police have the right to detain the people present at the scene of the execution of the search warrant.

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The reasoning the Court applied in is that the police are allowed to detain anyoneat the time they arrive on the premises to execute the search warrant. The specific reasons for the rule., in summary format, are:

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You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 30 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way -Colorado Criminal Law – Can The Police Detain Me While A Search Warrant Is Executed?

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Confining an officer’s authority to detain under Summers to the immediate vicinity of a premises to be searched is a proper limit because it accords with the rationale of the rule.

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The Defendant, Mr. Summers, was detained by the police on a walkway just in front of the house where the search warrant was being executed. The case stands for the rule of law law enforcement is not required to have a particular suspicion that an individual is involved in criminal activity or poses a specific danger to the officers to be detained during the execution of a search warrant.