[DOWNLOAD] "People V. Fournier" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Fournier
- Author : Colorado Supreme Court
- Release Date : January 16, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The People, in this interlocutory appeal, challenge the district court's suppression of marijuana plants and other items of evidence seized from the residence of the defendant, Mary Louise Fournier, during a search pursuant to a warrant. The district court ruled that the search was invalid because the affidavit for the search warrant was subscribed and sworn to before a court clerk rather than a judge as required by Crim. P. 41(c)(1). We conclude that, although the procedure followed by the issuing judge did not conform to the literal requirements of Crim. P. 41(c)(1), the issuance of the search warrant under the circumstances present here did not violate the constitutional proscription against unreasonable searches and seizures under either the United States or the Colorado Constitution. U.S. Const. Amend. IV; Colo. Const. art. II, § 7. We accordingly reverse the suppression ruling.