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YBARRA v. ILLINOIS

No. 78-5937.

444 U.S. 85 (1979)

100 S.Ct. 338

62 L.Ed.2d 238

YBARRA v. ILLINOIS.

Supreme Court of United States.

Decided November 28, 1979.

Attorney(s) appearing for the Case

Alan D. Goldberg argued the cause pro hac vice for appellant. With him on the briefs were Ralph Ruebner and Mary Robinson.

Melbourne A. Noel, Jr., Assistant Attorney General of Illinois, argued the cause for appellee. With him on the brief were William J. Scott, Attorney General, and Donald B. Mackay, Assistant Attorney General.*

Fred E. Inbau, Wayne W. Schmidt, Frank G. Carrington, Jr., James P. Manak, Richard J. Brzeczek, Mike Greely, Attorney General of Montana, and Marc F. Racicot, Assistant Attorney General, filed a brief for Americans for Effective Law Enforcement, Inc., et al., as amici curiae urging affirmance.

MR. JUSTICE STEWART delivered the opinion of the Court.

An Illinois statute authorizes law enforcement officers to detain and search any person found on premises being searched pursuant to a search warrant, to protect themselves from attack or to prevent the disposal or concealment of anything described in the warrant.1 The question before us is whether the application of this statute to the facts of the present case violated the Fourth...

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