Can a search warrant authorize a pat-down search of an appellant during a search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bordonici, 865 F.2d 265 (9th Cir. 1988):

The police officers that executed the search warrant testified that for safety purposes they always ask the occupants of premises to be searched whether there are firearms present, irrespective of whether firearms are listed on the warrant. The appellant claims that police have no general authority to ask this question or to secure weapons during the execution of search warrants where a pat-down search of persons present will adequately insure the safety of the officers executing the search. It is clear that the officers here had the authority to conduct a pat-down search of the appellant under the doctrine of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The question we must answer is whether the police also had the authority to question the appellant regarding the presence of weapons on the premises.

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