Can police search individuals found on the premises if they are not named in the warrant?

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The correct answer to the question is based on the legal principle that a search warrant provides law enforcement with the authority to search for specific items or to search specific individuals named in the warrant. The Fourth Amendment protects individuals against unreasonable searches and seizures, which includes stipulations about the scope of searches defined by warrants.

When a warrant is issued, it generally must describe the place to be searched and the persons or things to be seized with particularity. Law enforcement officers can only execute a search against individuals who are specifically named in the warrant. This means that individuals who are not listed cannot be searched solely based on their presence at the location being searched.

If officers encounter other individuals on the premises who are not named in the warrant, the search of these individuals would typically be considered unreasonable unless certain exceptions apply. These exceptions could include instances like consent or exigent circumstances, which do not apply here, as they do not inherently pertain to the named scope of the warrant.

In summary, the requirement for particularity in search warrants limits the authority of the police to search only those individuals explicitly identified, thus supporting the answer that they may only search named individuals.

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