People v. Fournier

The People, in this interlocutory appeal, challenge the district court’s suppression of marijuana plants and other items of evidence seized from the residence of the defendant, Mary Louise Fournier, during a search pursuant to a warrant. The district court ruled that the search was invalid because the affidavit for the search warrant was subscribed and sworn to before a court clerk rather than a judge as required by Crim.P. 41(c)(1). We conclude that, although the procedure followed by the issuing judge did not conform to. the literal requirements of Crim.P. 41(c)(1), the issuance of the…