Q: When an officer apply for an arrest warrant, can the affidavit be sworn to and subscribed before a fellow peace officer?
When a police officer apply for an arrest warrant, can the affidavit be sworn to and subscribed before a fellow peace officer?
A: Any affidavit can be sworn to before anyone authorized to take oaths.
A: Sure. If the officer is swearing to the truth of the facts contained in the affidavit, that can be done before a peace officer notary. That affidavit, however, has to be approved as to form and substance by a neutral and detached magistrate. If there are defects in the facts, misstatements, material omissions, then you have a bona fide challenge to the warrant issued pursuant to that affidavit. There are many issues to consider. Have a lawyer specializing in suppression issues to look at it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.