On April 1, 2010 the Court Appeals decided the case of People v. Mothersell and dismissed an indictment based on evidence seized during the execution of a warrant that claimed the authority to search all persons present.
The Court stated there was a "possibility of a valid any-person-present warrant, it does not appear that this Court has ever actually sustained such an instrument. While such a case may well come before us, it is not this one." (Slip Op. pg 4.)
Continue Reading...