Commonwealth v. Hubble

WEST, Judge.

The Commonwealth appeals from an order of the Graves Circuit Court which suppressed evidence seized pursuant to a search warrant because the district judge who issued the search warrant failed to retain and file a copy of the affidavit and warrant with the clerk as required by RCr 13.10(2) and inserted information into the supporting affidavit which was not sworn to by the affiant. The issue presented is whether the irregularities in the issuance of this search warrant due to the judicial officer’s mistakes necessitates suppression of the evidence. The trial court held suppression…