State v. Penansky

Clark, Judge.

In this search and seizure case, the state appeals from the grant of defendant’s motion to suppress evidence. We reverse.

The search warrant bears the signature of the affiant and the jurat of the magistrate who issued the warrant. It reads, in part: "The probable cause on which the belief of the affiant is based is as follows: See attached affidavit.” The attached affidavit was signed by the affiant, but this jurat was not signed by the issuing magistrate.

At the hearing, the affiant testified that he was sworn before he signed the affidavit. Nevertheless, the court concluded that…