Commonwealth v. Brown

The Commonwealth appeals from an order allowing the defendant’s motion to suppress evidence seized as the result of a search of his person. The search warrant pursuant to which the search was conducted specifically identified the place to be searched (the defendant’s residence) and the items to be seized but, other than authorizing a search of “any person present,” did not specifically identify the defendant as a person to be searched. The issue before us is whether the search of the defendant’s person pursuant to the search warrant as issued and executed violated the Fourth Amendment to the…