People v. McKinstry

The People bring this interlocutory appeal, pursuant to C.A.R. 4.1, challenging the district court’s suppression of evidence seized during a search of the residence of the defendant, Steven Charles McKinstry. The district court determined that the *19search, although pursuant to a warrant, was illegal because not all of the requirements for the issuance of a warrant under Crim.P.Rule 41 and section 16-3-304, 8A C.R.S. (1986 Repl. vol.) had been met; specifically, the face of the warrant did not contain the name of the affiant. Upon consideration, however, we find that, despite the fact that the…