MA: “Any persons present” clause in SW permitted search of one who left before search but hung around

“We conclude that a search warrant authorizing a search of ‘any person present’ allows a search of any person present in the property to be searched during the execution of the search warrant, including persons present during the execution but who exit the property before the police announce the search to the residents, at least where those persons remain in the vicinity of the property and in the view of the police at all times prior to the search.” Commonwealth v. Cintron, 2024 Mass. App. LEXIS 36 (Mar. 11, 2024).

“The Court finds that the Informant was reliable and that officers presented the Magistrate Judge with sufficient corroborating evidence. The Affidavit noted, for instance, that the Informant had been reliable in several prior narcotics investigations. Affidavit, ¶ 9A. While the Affidavit provided no specific evidence regarding the Informant’s identity or the extent of the Informant’s prior tips, the Court finds that the details of the Informant’s tip, many of which officers were able to corroborate, indicated that the Informant was a credible source.” United States v. Cooper, 2024 U.S. Dist. LEXIS 41449 (D. Del. Mar. 7, 2024).*

Defendant did not make his “substantial preliminary showing” for Franks that the statements in the search warrant affidavit were recklessly false. The omitted information does not undermine the probable cause showing. United States v. Holder, 2024 U.S. Dist. LEXIS 41513 (N.D. Ga. Mar. 9, 2024).*

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