Bailey v. United States

Facts

At 8:45 pm. on July 28, 2005, local police obtained a warrant to search a residence for a .380-caliber handgun. The residence was a basement apartment in New York. A confidential informant had told police he observed the gun when he was at the apartment to purchase drugs from a heavy set black male with short hair known as “Polo.” Two officers – Detectives Sneider and Gorbecki – were conducting surveillance and observed two men – later identified as petitioner Bailey and Middleton – leave the gated area above the basement apartment. The officers tailed Bailey’s car for about a mile before pulling the vehicle over in a parking lot. Detective Sneider drove the unmarked car back, while Detective Gorbecki used Bailey’s set of keys to drive Bailey’s car back to the search scene. The search team discovered a gun and drugs in plain view inside the apartment. Bailey was placed under arrest, and Bailey’s keys were seized incident to the arrest. Officers later discovered that one of Bailey’s keys opened the door of the basement apartment.