State v. Mathews

I respectfully dissent. The Court’s opinion holds that the lack of signature invalidates the search warrant, and that therefore the evidence obtained, the murder weapon and incriminating shoes, should have been suppressed. I disagree, for three reasons: (1) the Idaho Constitution does not by its language require in each and every ease that to be valid a search warrant must be signed by a judge; (2) the criminal rules of this Court do not require that a search warrant be “signed” but only “issued” by a judge, and these rules take precedence over conflicting statutory provisions; and (3) even…