State v. Nunn

Defendant appeals her conviction, after a stipulated facts trial, for possession of a controlled substance. ORS 475.992. She assigns as error the trial court’s failure to grant her motion to suppress. We affirm.

This is a case of first impression in this state. The issue is whether an affidavit supporting a search warrant is defective because the magistrate who issued the warrant failed to sign the jurat attesting that the affidavit was executed under oath.

Defendant contends that the magistrate’s failure to sign the jurat makes the warrant constitutionally insufficient, because it denies her…