State v. Bates

In State v. Bates, 181 W. Va. 36, 380 S.E.2d 203 (1989), it was claimed that the magistrate who issued the search warrant did not direct the police officer in filling out the search warrant but merely watched the officer sign the affidavits under oath. The record revealed, however, that after reading the affidavit and warrant prepared by the officer, the magistrate requested the officer to relate the circumstances leading to his request for a search warrant. The Court concluded that the magistrate acted in a sufficiently independent manner, by conducting an examination of the affiant under oath, to validate the search warrant.