State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-256

§15A‑256.  Detention and search of persons present in private premises orvehicle to be searched.

An officer executing a warrantdirecting a search of premises not generally open to the public or of a vehicleother than a common carrier may detain any person present for such time as isreasonably necessary to execute the warrant. If the search of such premises orvehicle and of any persons designated as objects of the search in the warrantfails to produce the items named in the warrant, the officer may then searchany person present at the time of the officer's entry to the extent reasonablynecessary to find property particularly described in the warrant which may beconcealed upon the person, but no property of a different type from thatparticularly described in the warrant may be seized or may be the basis forprosecution of any person so searched. For the purpose of this section, allcontrolled substances are the same type of property. (1973,c. 1286, s. 1.)