State v. Fees

EISMANN, Justice.

The district court held that a telephonic search warrant was invalid because the magistrate judge did not sign an original of the warrant when he authorized a peace officer to affix the magistrate’s signature to a duplicate original of the warrant. The district court also held that a warrantless entry into a residence to preserve evidence of the felony crime of trafficking in marijuana was invalid because it was done before the search warrant hearing and to preserve evidence of a nonviolent crime. The State appealed, and we hold that the district court erred in granting the…