Can a police officer enter a bedroom of a woman not suspected of gang activity while she was asleep in bed, enter the bedroom, place her in handcuffs at gunpoint and detain her in the bedroom while the search continues?

MultiRegion, United States of America

The following excerpt is from Maxwell v. Cnty. of San Diego, 708 F.3d 1075 (9th Cir. 2013):

officers executing a search warrant, which was based on probable cause to believe that a gang member lived in the target house, to enter the bedroom of a woman not suspected of gang activity while she was asleep in bed, place her in handcuffs at gunpoint, and detain her (along with three other individuals) in the garage for two to three hours while the search proceeded. Id. at 9596, 98, 125 S.Ct. 1465. Putting a non-suspect in handcuffs for two to three hours was not an unreasonable seizure because [i]nherent in Summers' authorization to detain an occupant of the place to be searched is the authority to use reasonable force to effectuate the detention. Id. at 9899, 125 S.Ct. 1465. Similarly, in Dawson v. City of Seattle, 435 F.3d 1054 (9th Cir.2006), we held that officers could reasonably detain boardinghouse residents for two hours while executing inspection warrants for evidence of rodent infestation, even though the officers drew their weapons and screamed at the residents, forced one resident outside without her shoes; refused to allow the detainees to drink coffee, smoke cigarettes, or go to the bathroom without an escort; and questioned the detainees about whether they had drugs or weapons in their rooms. Id. at 105860. We emphasized that, if not detained, the residents might have fled, rendering themselves unavailable to answer questions pertinent to the search, or mistakenly impaired the search rather than assisted it. Id. at 106667. The officers' interrogation of the detainees did not alter the Fourth Amendment analysis because there was no evidence that the questioning prolonged the detention or that the police conditioned Plaintiffs' release from detention on Plaintiffs' willingness to submit to an interrogation. Id. at 106869.

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