Search warrant authorizing search of \u201cany person present\u201d was overbroad as to anybody but the known resident because there was no probable cause as to anybody else. Commonwealth v. Brown, 68 Mass. App. Ct. 261, 861 N.E.2d 504 (February 20, 2007):<\/p>\n
As a person identified in the Diliddo affidavit as an occupant of the targeted premises, the defendant would seem to be an “identifiable person[] known to be on the premises to be searched,” and the particularity requirement as to him is not to be relaxed by encompassing him within the anonymity and generality of the “any person present” designation. Otherwise put, the defendant is not just “any person present” when the premises are searched; he lives there, and the police know this. See, e.g., Commonwealth v. Charros<\/em>, 443 Mass. 752, 760 n.5, cert. denied, 126 S. Ct. 374, 163 L. Ed. 2d 162 (2005). But even if we were to assume for the sake of argument that the defendant could be so characterized, the Diliddo affidavit did not in any event provide adequate basis to establish probable cause to search any person that might have been present at the targeted premises when the warrant was executed.<\/p><\/blockquote>\nAccord: Commonwealth v. Perez, 68 Mass. App. Ct. 282, 861 N.E.2d 500 (February 20, 2007).<\/p>\n","protected":false},"excerpt":{"rendered":"
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