Legal Question in Criminal Law in California

Does an affidavit have to be signed by law to uphold in court? Not the paper that says affidavit and search warrant, just the actual affidavit. If not can your attorney suppress it?

Asked on 6/27/13, 8:46 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Your question makes little sense. Affidavits are signed... Attorneys routinely file suppression motions based on the affidavit..

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Answered on 6/27/13, 11:08 pm

Anthony Roach Law Office of Anthony A. Roach

An unsigned affidavit is not an affidavit. The courts used to reject unsigned documents, but I note that lately in both the civil and criminal system this is increasingly getting past court staff. A judge may issue a search warrant based on sworn testimony, in lieu of a signed affidavit.

I'm not sure what you are exactly referring to, however, as there are different types of warrants and various exceptions to the rules proscribing them.

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Answered on 6/28/13, 1:53 pm

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