State v. Angel

Deputy Dan Furlong prepared a warrant application to search a residence. The detective brought the application before a judicial officer and, without signing the application, orally swore to the trust of the application in the presence of the judicial officer. The judicial officer approved and signed the warrant. After the warrant was executed Defendants were charged with several drug charges. Defendants moved to suppress the results of the search based on the detective’s failure to sign the warrant application. The district court granted the motions to suppress. The Supreme Court reversed, holding (1) Iowa Code 808.3 permits the warrant applicant to swear to the truth of the warrant application in the presence of the judicial officer even if, inadvertently, the applicant fails to sign it; and (2) in this case, the issuance of the warrant complied with section 808.3. View "State v. Angel" on Justia Law