Commonwealth v. Wilson

I concur with the result reached by the majority on this appeal but I disagree with its determination that CR 5.05(2) applies to an affidavit for a search warrant.

As I understand the majority, CR 5.05(2) is applicable here because RCr 1.08(2) states that where the criminal rules do not specify the manner of filing or service of papers, the civil rules shall apply. It is true that there is no indication in the criminal rules of the manner for filing or service of an affidavit supporting a search warrant. But the majority presupposes that such an affidavit is required to be filed or served. I…