During execution of a search warrant, detaining a person who leaves the immediate vicinity to be searched is prohibited.

• A. True
• B. False
• C. Only if the person resists
• D. Only if the judge approves

Answer: (A)

During a search warrant, the action centers on a specific location and the items described in the warrant. Detaining a person who tries to leave the immediate vicinity to be searched would extend the seizure beyond what the warrant authorizes, which runs afoul of the limits of the search and seizure process. The correct practice is to secure the scene and address safety or evidentiary concerns within the scope of the warrant, not to detain someone simply for leaving the area. Detention is only justified if there’s independent probable cause or an exigent circumstance, not just because someone is departing the vicinity. Therefore, the statement is correct.