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Panel considers whether warrant allowed seizure, search of phone in child‑pornography probe

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Summary

In Commonwealth v. Christopher Clayton, advocates debated whether a premises warrant allowing searches of a residence authorized seizure and search of a phone found on a person at the address and whether "all persons present" language was properly applied; the court took the matter under advisement.

A three-justice panel of the Massachusetts Appeals Court heard argument in Commonwealth v. Christopher Clayton (Docket No. 24-P-812) over the scope of a search warrant executed in a child pornography investigation and whether officers lawfully seized and searched a cellphone found on a person at the searched residence.

Paul Boghosian, counsel for Christopher Clayton, challenged the warrant’s “any person present” provision and argued the face sheet did not check the box identifying a person to be searched; he said the warrant therefore was a premises warrant that did…

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