STATE v. JEREMIAH

No. 96-20-C.A..

696 A.2d 1220 (1997)

STATE v. Andrew JEREMIAH et al.

Supreme Court of Rhode Island.

June 25, 1997.


Attorney(s) appearing for the Case

Jane McSoley, Andrea J. Mendes, Aaron Weisman, Providence, for Plaintiff.

Robert I. Deutsch, Chestnut Hill, MA, Robert Godfrey, Marty Marran, Cranston, Janice M. Weisfeld, Paula Rosin and Paula Lynch Hardiman, Providence, for Defendant.

Before WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS and GOLDBERG, JJ.


OPINION

FLANDERS, Justice.

A search warrant that fails to "describ[e] as nearly as may be * * * the place to be searched" violates article 1, section 6, of the Rhode Island Constitution. Any evidence seized pursuant to such a warrant must be suppressed and may not be used to convict a person whose constitutional rights have been violated by the use of this type of overbroad or general writ. See, e.g., State...

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