Commonwealth v. Kaplan

Concurring Opinion by

Hoffman, J.:

I concur in the result reached by the Majority. I feel that an additional word is necessary to make clear that the Court’s opinion does not erode the strict requirement of specificity necessary to validate a search warrant.

Article I, §8 of the Pennsylvania Constitution provides “. . . no warrant . . . shall issue without describing [any place or person to be seized] as nearly as may be. ... .” A frequent problem under §8 arises whenever the premises to be searched are located within a multiple-unit dwelling. Our Court has held a general description of the…