State v. Oliveri

I am unable to agree with the reasoning set forth or conclusions reached by the majority in this case and respectfully dissent. In my humble opinion information essential to issuance of a valid search warrant was not given the magistrate under essential oath or affirmation.

In support hereof see sections 751.3 and 751.4, Code, 1966; Ker v. State of California, 374 U.S. 23, 30-31, 83 S.Ct. 1623, 1628, 10 L.Ed.2d 726; Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503; Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509; United States v. Ventresca, 380 U.S. 102, 85…