State v. Jasso

In State v. Jasso, 21 Utah 2d 24, 439 P.2d 844 (Utah 1968), the Court suppressed evidence where an Ogden police officer personally applied to a judge for a search warrant at his residence late at night. The judge was of the opinion that the written affidavit supplied by the officer was insufficient to issue a warrant. The judge then swore the officer as a witness and questioned him until obtaining sufficient grounds to issue a warrant based upon this oral deposition. Nonetheless, the Court held that the evidence later obtained should have been suppressed because the statute in effect at the time, Utah Code Ann. 77-54-4 (1978), did not allow the issuance of a warrant from an oral deposition. Clearly, significantly more time was involved in obtaining a warrant at that time than today.