E.D.Pa.: 4A doesn’t even require SW be signed if PC was found by issuing magistrate; signing in wrong place doesn’t matter

The issuing magistrate’s failure to sign the warrant in the appropriate place is not a Fourth Amendment violation. The Fourth Amendment does not even require the search warrant be signed by the issuing magistrate as long as probable cause was found. Besides, the warrant was obtained and executed in good faith. United States v. Grimes, 2022 U.S. Dist. LEXIS 104195 (E.D.Pa. June 10, 2022):

After examination of the search warrant application by this Court, it is clear that Judge Means made a probable cause determination. The box in the center of the application for the warrant labeled “PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACTS AND CIRCUMSTANCES” was filled in with the words “REFER TO ATTACHED.” Additionally, the box labeled “CHECK HERE IF ADDITIONAL PAPER IS USED” was checked. Taking these instructions together, it is evident that, to determine probable cause, the judge had to read the two pages following the first page of the warrant application. Additionally, the face of the warrant application shows that it was sworn to and signed by Judge Means. Since the language where the judge signs on the face of the warrant application and on the second page of the affidavit are identical, and Judge Means signed the application and determined that there was probable cause to search 2012 McClellan Street on the first page, there was no need for him to sign a second time affirming the presence of probable cause.

As an aside, there is no requirement in the text of the Fourth Amendment that the issuing authority sign the warrant. See United States v. Jackson, 617 F.Supp.2d 316, 320 (2008) (citing U.S. CONST. amend. IV). Rather, the Fourth Amendment states that a warrant shall not “issue” unless there is probable cause supported by oath or affirmation. Id. The signing of a search warrant is merely one way to signal that the search warrant complies with the Fourth Amendment’s probable cause requirement. Id. (citing cases). In the absence of the signature, “a court may consider other evidence that the judge found probable cause and approved the warrant.” Id. (citing cases). One piece of evidence a court may consider is “the presence of the issuing authority’s initials or other imprimaturs of judicial authority on the warrant.” Id. (citing United States v. Pierce, 493 F.Supp.2d 611, 640 (W.D. N.Y. Sept. 6, 2006)). Here, as noted, Judge Means did sign and date the warrant. This is more than enough to satisfy the requirements of the Fourth Amendment.