Investigators are reportedly checking into the Malaysia Airlines Flight 370 pilots and any passengers who may have had flight experience.

Judge Andrew Napolitano was on “The Kelly File” tonight to explain the legality of this. He said the Malaysian legal system – like the United States’ – is based on the British legal system, so the rules are similar to ours.

Napolitano said investigators have more than enough evidence to search the homes, banks and personal lives of the two pilots. While the pilots are fair game, Napolitano said passengers are not unless there’s evidence of criminal or untoward activity.

Megyn Kelly asked Napolitano if investigators have the right to look into the credit card receipts, day-of-flight activity and connections. He said no.

“Having flight experience is not a sufficient trigger to get a search warrant,” he said.

Watch his full explanation above.

Read more on missing Malaysia Airlines Flight 370:

NYT: Turn Off Path Was Programmed Into Missing Flight’s Computer

O’Reilly: Flight 370 Story ‘Reminds Me of the JFK Jr. Plane Crash'

Report: Pilot Was ‘Fanatical’ Supporter of Jailed Malaysian Opposition Leader

Investigators Outline Two Possible Flight Paths for Missing Plane