People v. Mitchell

INTRODUCTION

In this case we are asked to revisit our decision in People v Goff, 401 Mich 412; 258 NW2d 57 (1977), which held that a search warrant based upon an unsigned affidavit is invalid. We hold that our decision in Goff is based upon sound public policy and reaffirm that an affidavit in support of a search warrant should be signed by the affiant. However, a search warrant is not necessarily invalid for want of the affiant’s signature. A search warrant based on an unsigned affidavit will be presumed to be invalid, but this presumption of invalidity may be rebutted by a showing that the…