People v. Sprague

The judgment must be reversed. The search warrant here involved obtained by officers of the Canton Police Department authorized the search of "the residence located at 53 Gouverneur Street * * * and any persons found within the said residence”. In order for a search warrant to validly authorize a search of a premises, it must contain "a designation or description of the place, premises or person to be searched, by means of address, ownership, name or other means essential to identification with certainty” (CPL 690.45, subd 4). The statute embodies the requirement of the Fourth Amendment to…