Expert: Robin Sexton - 10/30/2009

Question
When a search warrant is serve on someones home and u happen to be visiting at the time it is serve are u included in the search warrant. Can they detain you and search your personal items (purse,wallet,car,etc)and they find something illegal is that a legal search and seasure.

Answer
Lydia,

I apologize for the delay in responding to your question.  IN most situations anyone found at the scene is going to be at least frisked for officer safety.  Can the officers go further ?  Will depend on several items.    The first is what is listed in the warrant. In most search warrants where drug dealing is suspected the warrant may specify and person found at the scene.  Another example, if there is a back pack sitting on the table and a visitor states it is their backpack and not the residents how are the police to know who';s back pack it is with out searching ?  The warrant could also specify and vehicles located on the premiss being searched also.  Unless the officers are intent on arresting then normally after being frisked and identified the occupants may leave.  What it will ultimately be determined by is the case facts.  What the warrant states, what the officers saw, what they were told.  Then based on that information the court will decide if the search violated the "scope" of the warrant or if the officers search did not fall under one of the recognized exceptions to the search warrant rule.

Hope this helps


robin