Faculty Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law

Published on February 20, 2013 | by LawNews

Prof. Eric Freedman Quoted in Newsday Story on Supreme Court Decision Limiting Power of Warrants

Professor Eric Freedman was quoted in Kathleen Kerr’s February 20, 2013 article published on page A5 of Newsday entitled “Ruling Limits Warrants; Supreme Court: LI Cops Shouldn’t Have Held Man; Wyandanch Case Sent Back Down to Lower Court.” In the case the defendant, Chunon Bailey, had been detained three-quarters of a mile from his apartment, for which the police had a warrant to search the premises, and returned Bailey to the apartment to await the execution of the search warrant. In a 6-3 decision the Court reaffirmed that the power to detain upon execution of a search warrant is limited to the “immediate vicinity of the premises to be searched.”

Kerr wrote, “Hofstra University law professor Eric M. Freedman, a constitutional law expert, said yesterday’s decision was important because if police can ‘come up with an explanation to act any way they want when they like, then the Constitution has no meaning. The burden is on the police to justify the exceptional action of detaining someone.'”

An earlier version of the article is available to those with a subscriptionhere.

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