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By Shari Allison

U.S. v. Johnson, 2011 WL 729232 (3/3/11) (Kan.) (unpub'd) - Michigan v. Summers, 452 U.S. 692 (1981), which holds that officers may detain any "occupant" of property that the officers are searching pursuant to a warrant, is a bright-line rule that is not subject to an ad hoc balancing test. It doesn't matter whether detention serves any legitimate interest. In this case, the defendant was found sleeping in a car that was half on the property and half off of it. and had no other relationship to the property. "Occupant" includes anyone present on the premises. The fact that the search was for meth and firearms and the high level of traffic in the area justified displaying firearms and handcuffing the defendant.Colbert v. Board of County Commissioners for Oklahoma County, 2011 WL 692991 (3/1/11) (unpub'd) - The 10th reverses the dismissal of a § 1983 complaint and finds the prisoner alleged enough that, if true, would establish deliberate indifference to medical needs constituting cruel and unusual punishment...continue to full post

Full post as published by Tenth Circuit Blog on March 10, 2011 (boomark / email).