Was Cotton constitutionally detained during the search?

Twenty-five SWAT team officers executed a search warrant against the home of Don Antonio Jones, Calvin Edgar Bolden (his grandfather), and Calvileen Bolden (his mother), who were operating an open-air drug market from and around their home. A four-year investigation established that (1) significant quantities of drugs were brought into the house, (2) the drugs were being sold not only in the house but around it as well, from the front porch and within what we would regard as the curtilage, (3) many of the individuals observed in the trafficking had extensive drug and violent criminal records, and (4) Jones associated with individuals with extensive criminal records, established an elaborate countersurveillance network around the vicinity of the house, and had threatened that a member of the police department. The warrant empowered the police to search Jones, and the Boldens, and "any other persons found in [the] premises who may be participating in violations of [those statutes] and who may be concealing evidence, paraphernalia, and Controlled Dangerous Substances." Steven Cotton, not named in the warrant, was standing outside the house next to Jones when the warrant was executed. He and others were handcuffed, allowed to sit, and made to wait 15 minutes while the house was secured. One person was investigated and released. Cotton was read Miranda rights and asked if he had anything on him. He admitted to possessing a "bag of weed," and was then searched and arrested.
What will be an ideal response?


Yes

Criminal Justice

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