Commonwealth v. McAfee

Concurring Opinion by

Van der Voort, J.:

In this case a state trooper in securing a search warrant subscribed to the affidavit supporting the warrant and swore to its contents; however, the District Justice of the Peace neglected to complete the jurat by affixing his signature and his official seal. The search warrant was issued, and the evidence which was seized was, upon application and after hearing, suppressed. I concur in the affirmance of this action solely because there is nothing in the record indicating that the attorney for the Commonwealth made any effort to amend the affidavit made in support of the search warrant by having the District Justice complete the jurat.