Whether the Fourth Amendment requires probable cause that each person present will possess evidence of a crime, or only that the collective searches of 'any persons present' will yield evidence

QUESTION PRESENTED The Maine Supreme Judicial Court recently reaffirmed that it follows the majority rule for issuing a search warrant authorizing searches of “any” or “all persons” present at the location to be searched: Do the materials in support of the search warrant demonstrate probable cause that a search of “any persons present” there would yield evidence of a crime? State v. Pacheco, 2020 Mem-20-48 (Me. June 4, 2020) (ellipses omitted); see, e.g., State v. DeSimone, 288 A.2d 849, 850 (N.J. 1972). However, the decision below reflects the deepening of a split over what, precisely, the majority rule means. Whereas most jurisdictions evaluate whether there is probable cause that a search of each and every person likely to be present at the scene will yield evidence, several jurisdictions, including Maine, appear to require only probable cause that, collectively, the searches of “any persons present” will yield evidence of a crime. The question presented is: (1) Whether, to obtain a search warrant authorizing the search of “any,” “all” or “unknown” persons likely to be found at a residence believed to be used by drug traffickers, an affiant must demonstrate probable cause that each such person possesses evidence of a crime that will be discovered by a search, or only probable cause that all of the searches of such persons, collectively, will yield some evidence of a crime.