Printable Format22-2509. Detention and search of persons on premises. In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time:
(a) To protect himself from attack, or
(b) To prevent the disposal or concealment of any things particularly described in the warrant.
History: L. 1970, ch. 129, ยง 22-2509; July 1.
Law Review and Bar Journal References:
Provisions of this section not included in prior law, Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 161 (1970).
Scope of permissible conduct in executing a premises search warrant, H. Wayne Powers, 12 W.L.J. 241 (1973).
Search warrants and persons on premises, Kent D. Coleman, 28 K.L.R. 512, 513 (1980).
CASE ANNOTATIONS
1. Search with warrant for narcotics not unconstitutional. State v. Loudermilk, 208 Kan. 893, 895, 899, 494 P.2d 1174.
2. Defendant on parking curtilage in front of house described in warrant was on premises. State v. McClelland, 215 Kan. 81, 82, 83, 84, 85, 523 P.2d 357.
3. Purposes of search within provisions of section; reasonable detention and search of person found on premises in executing warrant did not offend constitutional prohibitions. State v. Jacques, 2 Kan. App. 2d 277, 283, 579 P.2d 146.
4. Warrant to search premises of residence does not authorize search of person who coincidentally enters residence after execution of warrant. State v. Peters, 5 Kan. App. 2d 44, 45, 46, 611 P.2d 178.
5. Individuals on private property not named in search warrant retain protection distinct from those named. State v. Lambert, 238 Kan. 444, 445, 450, 710 P.2d 693 (1985).
6. Consent to search based on law enforcement officer's threat to obtain search warrant examined. State v. Brown, 245 Kan. 604, 609, 783 P.2d 1278 (1989).
7. Facts known to judge insufficient to justify searching all persons present; search upheld on basis of exigent circumstances. State v. Horn, 15 Kan. App. 2d 365, 367, 808 P.2d 438 (1991).
8. Whether section justified warrantless search of defendant during execution of search warrant examined. State v. Vandiver, 19 Kan. App. 2d 786, 788, 791, 876 P.2d 205 (1994); aff'd., 257 Kan. 53, 55, 58, 891 P.2d 350 (1995).
9. Evidence properly suppressed where detention of defendant was unlawful and search of defendant involuntary. State v. Rice, 264 Kan. 232, 235, 955 P.2d 1258 (1998).
10. Trial court reversed holding (1) illegal detention and no intervening event purging illegality, and (2) defendant's consent to search was not voluntary. State v. Wilson, 30 Kan. App. 2d 100, 39 P.3d 668 (2002).