How have the courts treated allegations that defendant officers unreasonably detained non-suspects during the execution of a search?

MultiRegion, United States of America

The following excerpt is from Anderson v. City of Pasadena, 78 F.3d 591 (9th Cir. 1996):

Appellants also claim that defendant officers unreasonably detained non-suspects during the execution of the search. Appellants concede that officers can detain non-suspects during an execution of a search warrant. Appellants Opening Brief p. 13; See Michigan v. Summers, 452 U.S. 692, 705 (1981), (granting police the authority to detain all occupants of a residence during an execution of a search warrant for contraband). Other than simply stating that the detainees were non-suspects, appellants fail to provide any other facts. Thus, even if we take as true that some detainees were non-suspects, this fact alone is insufficient to support a pleading that defendants' conducts went against clearly established law.

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