Commonwealth v. Waltson

OPINION

CAPPY, Justice.

The sole issue presented in this appeal is whether the search of an entire residence is barred as overbroad pursuant to Article 1, Section 8 where the affidavit of probable cause for the warrant references only a particular room within the residence. For the reasons which follow, we conclude that where there is probable cause to believe that contraband is located within a particular room of a single unit house, Article 1, Section 8 does not preclude a search of the entire residence and affirm the Superior Court.

Both parties stipulated to the facts, which established the…