Kansas Statutes Annotated

K.S.A. § 22-2509 (2026)

Detention and search of persons on premises

✓ current as of May 2026

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22-2509. Detention and search of persons on premises. In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time:

(a) To protect himself from attack, or

(b) To prevent the disposal or concealment of any things particularly described in the warrant.

History: L. 1970, ch. 129, § 22-2509; July 1.

Notes of Decisions

Cited in 16 cases, 1978–2013 · leading case: State v. Vandiver, 891 P.2d 350 (Kan. 1995).

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State v. Vandiver, 891 P.2d 350 (Kan. 1995). · cites it 14× “The State asserts that the Court of Appeals erred in (1) employing a de novo review of the evidence in determining whether the search was constitutionally permissible and (2) its determination that K.S.A. 22-2509 did not justify the warrantless search of the defendant.”

State v. Lambert, 710 P.2d 693 (Kan. 1985). · cites it 10× “85 , neither limits the scope of K.S.A. 22-2509 nor is applicable to this case.”

State v. Beltran, 300 P.3d 92 (Kan. Ct. App. 2013). · cites it 5× “And they are essentially codified in K.S.A. 22-2509. In an investigatory detention or Terry stop, law enforcement officers may halt and briefly question a person if they have a reasonable suspicion that, based on articulable facts, the individual has just committed, is…”

Munz v. Ryan, 752 F. Supp. 1537 (D. Kan. 1990). · cites it 10× “§ 22-2509, which provides: In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time: (a) To protect himself against attack, or (b) To prevent the disposal or concealment of any things particularly…”

State v. Hill, 130 P.3d 1 (Kan. 2006). · cites it 2× “*147 The Peters court noted that K.S.A. 22-2509 authorizes officers executing search warrants to detain and search any person in the place at the time of the search to protect themselves from attack or to prevent the disposal or concealment of things described in the warrant.”

State v. Horn, 808 P.2d 438 (Kan. Ct. App. 1991). · cites it 5× “The trial court denied the motion, ruling the warrant was properly issued and that exigent circumstances existed which justified the search under K.S.A. 22-2509. The Search Warrant General warrants are constitutionally prohibited.”

State v. Wakefield, 977 P.2d 941 (Kan. 1999). · cites it 2× “Wakefield concedes that if this court finds that the officers were present in his home pursuant to a lawful search warrant, no arrest warrant was required and his arrest was lawful.”

State v. Vandiver, 876 P.2d 205 (Kan. Ct. App. 1994). · cites it 6× “22-2509 provides: “In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time: (a) To protect himself from attack, or (b) To prevent the disposal or concealment of any things particularly described in…”

State v. Wilson, 39 P.3d 668 (Kan. Ct. App. 2002). · cites it 4× “*104 K.S.A. 22-2509 provides: “In the execution of a search warrant the person executing the same may reasonably detain and search any persons in the place at the time: (a) To prevent himself from attack, or (b) To prevent the disposal or concealment of any things particularly…”

State v. Jacques, 587 P.2d 861 (Kan. 1978). “Should this Court review the Court of Appeals’ holding that seven police officers may constitutionally fell a criminal suspect, pin him down and simultaneously choke him and eject Mace directly into his face and mouth solely for the purpose of expelling evidence from his body,…”

State v. Rice, 955 P.2d 1258 (Kan. 1998). · cites it 2× “Under these facts, the Court of Appeals correctly determined that under K.S.A. 22-2509(b), the officer executing the search warrant had no reason to detain Vandiver to prevent the disposal or concealment of any objects particularly described in the warrant.”

State v. Brown, 783 P.2d 1278 (Kan. 1989). “The trial court denied the motion, holding that the search was sanctioned by an Illinois statute similar in wording to K.S.A. 22-2509. On appeal, the United States Supreme Court held that the searches of Ybarra and the seizure of the drugs in his pocket violated the Fourth…”

Show all 16 citing cases →

— K.S.A. § 22-2509(a) — 2 cases

State v. Vandiver, 891 P.2d 350 (Kan. 1995). “The State asserts that the Court of Appeals erred in (1) employing a de novo review of the evidence in determining whether the search was constitutionally permissible and (2) its determination that K.S.A. 22-2509 did not justify the warrantless search of the defendant.”

State v. Vandiver, 876 P.2d 205 (Kan. Ct. App. 1994). “22-2509 provides: “In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time: (a) To protect himself from attack, or (b) To prevent the disposal or concealment of any things particularly described in…”

— K.S.A. § 22-2509(b) — 4 cases

State v. Rice, 955 P.2d 1258 (Kan. 1998). “Under these facts, the Court of Appeals correctly determined that under K.S.A. 22-2509(b), the officer executing the search warrant had no reason to detain Vandiver to prevent the disposal or concealment of any objects particularly described in the warrant.”

State v. Wilson, 39 P.3d 668 (Kan. Ct. App. 2002). “*104 K.S.A. 22-2509 provides: “In the execution of a search warrant the person executing the same may reasonably detain and search any persons in the place at the time: (a) To prevent himself from attack, or (b) To prevent the disposal or concealment of any things particularly…”

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