State v. Dalton

The state appeals from the circuit court’s pretrial suppression of evidence that was seized from defendant’s residence during the execution of a search warrant. The issue is whether the inadvertent misdating of an otherwise valid search warrant renders the warrant invalid so as to require the suppression of evidence seized during the ensuing search. We hold that it does not, and reverse.

In a pretrial suppression hearing, defendant claimed that the warrant pursuant to which his house was searched was invalid, because the warrant was dated October 9, 1993, and the search was not conducted until…