The following excerpt is from Marks v. Clarke, 102 F.3d 1012 (9th Cir. 1997):
Officers who "secured" the search premises, or detained but did not search the persons present are also not entitled to qualified immunity at this stage of the proceedings because of the dispute over when the search began. Michigan v. Summers, 452 U.S. 692, 705, 101 S.Ct. 2587, 2595-96, 69 L.Ed.2d 340 (1981), would in this case, authorize a brief detention of the occupants of the homes for a reasonable period of time "while a proper search [was] conducted." It would not, however, authorize detaining the occupants in furtherance of an illegal search--a search under the circumstances alleged by the plaintiffs. Accordingly, summary judgment on qualified immunity grounds is inappropriate at this time. As a result, we need not consider the district court's alternative theory that the length of the detention might have rendered it unreasonable.
Videotaping of Search
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