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NE: Search warrant for defendant?s house and person authorized the search of his person when he was stopped in his car away from the house

By John Wesley Hall, Jr.

Search warrant for defendant’s house and person authorized the search of his person when he was stopped in his car away from the house. State v. Sharp, 281 Neb. 130, 2011 Neb. LEXIS 15 (February 11, 2011): Based upon this language, we conclude that the search warrant was not narrowly focused on Sharp's presence at the residence, but was more broadly applicable to the illicit drug activity which he was alleged to be conducting from that residence. The warrant identified three sources of concealed contraband: the residence, the person of Sharp, and the person of Hicks. The use of the phrase "and/or" connecting the place and persons to be searched authorized a search of the residence, both named persons, or any one of the three. And we agree with the district court that there is no language in the search warrant which required that the search of the named persons be conducted at the identified premises...continue to full post

Full post as published by Fourth Amendment on February 20, 2011 (boomark / email).