People v. Egan

Opinion

SPARKS, J.

In this case we consider whether the misplacement of a magistrate’s jurat on an affidavit in support of a search warrant invalidates the warrant. We hold that it does not.

Defendants and respondents Thomas Patrick Egan and Shirley Faye Salvo were each charged by information with one count of the cultivation of marijuana in violation of Health and Safety Code section 11358, and one count of possession of marijuana for sale in violation of Health and Safety Code section 11359. The evidence against them was seized pursuant to a search warrant which was served during the nighttime…