Commonwealth v. Wilson

HOWARD, Judge.

The issue on this appeal is the validity of a search warrant based upon an affidavit presented to the court but not filed with the clerk until after the search was accomplished. On September 2, 1978, the Wayne District Court issued a search warrant authorizing the search of a 1975 white two-door Nova. This warrant was supported by an affidavit subscribed to by policeman Rolf Richardson. The District Judge did not present the affidavit to the court clerk for filing until October 4, 1978; further, a filing date was not placed upon the document until this time. During this…