State v. Bivins

In this appeal, we are called on to determine whether a warrant — authorizing the search of a residence suspected to be involved in drug-trafficking activity and “all persons present”— supported the off-premises search of two individuals found in a car several houses down the street from the target residence. Because the State did not provide adequate proof that those individuals had been present at the targeted residence when the warrant was being executed moments before their apprehension, we conclude that the warrant did not provide authority for the search of the two off-premises…