Under the Summers Doctrine, who can be detained during a premises search?

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The Summers Doctrine establishes that law enforcement officers have the authority to detain individuals present at the location being searched to ensure officer safety and prevent the potential destruction of evidence. The core premise of the doctrine focuses on the concept that individuals who are occupants or otherwise present in or around the residence during the execution of a search warrant can be temporarily detained.

This is justified because their presence can pose risks to both officers and the integrity of the search itself, allowing law enforcement to control the scene. It is not limited to individuals who are leaving or have a certain relationship to the occupants, as long as they are within the immediate vicinity of the search. The aim here is to maintain order and ensure that the search can be conducted effectively and safely.

Therefore, the statement that occupants in or around the residence during the execution of a search warrant can be detained aligns perfectly with the principles of the Summers Doctrine.

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