Legal Question in Criminal Law in Minnesota

i have a question regarding search warrants. under the 4th amendment it says people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

for what is the requirment for oath and affirmation? (1) is it a signiuture i declare under perjury from the affiant on the bottom of affidavit, (2) or does a jugde have to sign the affidavit subscribed and sworn with date, or officer sworn and application attested then signed and dated by judge on the affidavit page,

Asked on 7/26/18, 4:40 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

The person seeking a search warrant from a judge must sign the affidavit which purports to show true and material facts which amount to probable cause (reasonable suspicion of criminal activity), under oath and penalty of perjury. The police officer applying for the search warrant also has a duty to avoid misleading the judge by failing to mention relevant, known information. The reason that the probable cause statement must be in the form of an affidavit, under oath, is to improve reliability, since perjury under oath is a crime.

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Answered on 7/27/18, 6:43 am

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