RONALD COPLEY V. COMMONWEALTH, 2011-SC-63-MR – March 22, 2012, Affirming.
Murder-20 years. Even though the affidavit in support of the search warrant was not properly sworn before an individual authorized by a judge of the county to administer oaths pursuant to RCr 2.02, suppression was not warranted because the error was not of constitutional magnitude, the error did not prejudice the defendant and there was no deliberate disregard of the Rules. Deputy Cain swore the affidavit before a notary public, an employee of the Commonwealth Attorney's office. There being no available circuit or district court judge or trial commissioner, the circuit clerk reviewed the affidavit, found probable cause and issued the search warrant. Under KRS 15.725(5) the circuit clerk was statutorily authorized to issue the warrant.
Contributed by Susan Balliet
