Willis v. State

Deen, Judge.

Under what circumstances can peace officers, under a warrant to search named persons and their premises, search other persons found in the vicinity? Code Ann. § 27-309 states the purposes as (a) to protect themselves from attack, and (b) to prevent the disposal or concealment of any instruments, articles or things particularly described in the warrant. The testimony in this case makes it fairly obvious that (a) was not involved. Does (b) mean that all persons on the premises searched may, if the warrant so directs, be searched as a matter of course or must there be some additional…