People v. Nieves, 36 N.Y.2d 396 (1975)

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A warrant authorizing the search of “any person present” at a specific location must be supported by probable cause to believe that the location is dedicated to ongoing illegal activity and that every person present is involved in that activity.

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Summary

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Nieves was convicted of attempted possession of gambling records after police found contraband on him during a search of a restaurant pursuant to a warrant authorizing the search of the premises and “any other persons occupying said premises.” The New York Court of Appeals reversed the conviction, holding that the warrant was unconstitutionally general as applied to Nieves because the warrant application did not establish probable cause to believe that all occupants of the restaurant were involved in illegal gambling activity. The court clarified the limitations on