State v. De Simone

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• endorsing the limited rationale outlined in DeSimone as the proper analysis for “all persons present” warrants.
• distinguishing a permissible \all persons\ warrant from one allowing the search of a person in a building where \some innocent person could happen to call upon the occupant of such real property\
• upholding such warrants \if the individual is identified by physical nexus to the on -going criminal event itself\ provided \there is good reason to suspect or believe that anyone present at the anticipated scene will probably be a participant\
• search of automobile passenger upheld as “presence in an automobile is more apt to suggest complicity in the illegal use to which the car is then being put”
• warrant directing search of specific auto and “all persons found therein” not a general warrant since individu als to be searched were thus identified by physical nexus to the on-going criminal event
• “So long as there is good reason to suspect or believe that anyone present at the anticipated scene will probably be a participant, presence becomes the descriptive fact satisfying the aim of the Fourth Amendment.”

Source: CourtListener parenthetical corpus (CC0).