State of Iowa v. Maurice D. Angel and Kemia B. McDowell

I respectfully dissent.

I would find that the search warrant in this case was not validly executed because the search warrant was not supported by an oath in writing as obviously required by Iowa Code section 808.3 (2015). The majority’s effort to feather the requirement that the oath be in writing is unconvincing and reflects a troublesome lack of seriousness about procedural regulatory in search and seizure law.

Further, I would also find that the search warrant is invalid because of the failure of the district court to make a finding of probable cause. We rely upon the district court to…