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ADM F. 500 (Rev. 03/22) Order and Judgment
IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
STATE OF RIDGEWAY
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DOCKET NO. RSC-CM-3314
Plaintiff
v.
TIDESAEGIS
Defendant
ORDER DENYING DEFENDANT’S MOTION TO STRIKE
BACKGROUND
On July 31, 2024, TidesAegis, (“Defendant”), through counsel submitted a Motion to
Strike the State’s (“Government”) probable cause affidavit claiming that a lack of the
prosecutor’s signature makes the affidavit ineffective without an officer to bear the oath to.
Government responded, August 1, 2024, through counsel, claiming that there is no requirement
for the prosecution’s signature and without it, it would not invalidate the report and that dismissal
would not be the proper remedy.
DISCUSSION
An affidavit of probable cause is a critical document in the initiation of criminal charges.
It must be a sworn statement made under oath or affirmation. The defendant argues that the
affidavit in this case is invalid because it lacks the signature of an authorized officer.
The government counters that Detective Rainqg, an authorized officer, provided a sworn
statement detailing the probable cause for the charges against the defendant. The government
further argues that there is no statutory [or procedure] requirement for a prosecutor’s signature
and that the technical requirement raised by the defense does not invalidate the affidavit.
The court recognizes the importance of procedural due process in criminal proceedings.
However, the court must also consider whether this defect fundamentally undermines the
existence of probable cause.
While the defendant argues that dismissal is the only appropriate remedy, the court finds
this remedy too severe under the circumstances. The affidavit, though deficient, contains
substantial factual information supporting the charges. The appropriate remedy is to allow the
government an opportunity to correct the error by submitting a proper affidavit.
CONCLUSION
The court finds that the affidavit of probable cause, though not signed before an
authorized officer, contains sufficient factual information to establish probable cause. The
procedural deficiency does not warrant dismissal of the charges at this stage.
The defense's motion to strike the affidavit of probable cause and dismiss the criminal case is
GRANTED in part and DENIED in part. The State is granted leave to correct the deficiency by
submitting a properly sworn affidavit within one (1) day as to not cause any further delay in this
proceeding.
SO ORDERED.
At Palmer, Ridgeway, this 2nd day of August, 2024.
/s/ t1dtony
SUPERIOR COURT JUDGE
Document record
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Jul 21, 2024 12:00 PM
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Jul 21, 2024 12:00 PM
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CRIMINAL_COMPLAINT
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state of ridgeway
Notes
MotionRuling_RSC-CM-3314_1107-080224.pdf — archived from the Trello docket (https://trello.com/c/vB58iMgv)
