Arrests

Question 1

Police have search warrant, can they search people on the premises?

Answer 1

A search warrant does not authorize the police to search persons found on the premises who are not named in the warrant. However, if the police have probable cause to arrest a person discovered on the premises, they may search him incident to the arrest. This search may be of the person and areas into which he might reach to obtain weapons or destroy evidence (his “wingspan”).