Connally v. Georgia, 429 U.S. 245 (1977)

Connally v. Georgia


No. 76-461


Decided January 10, 1977
429 U.S. 245

ON APPEAL FROM THE SUPREME COURT O GEORGIA

Syllabus

A justice of the peace’s issuance of a search warrant to search appellant’ house, pursuant to Georgia statutory scheme whereby a justice of the peace, who is not salaried, is paid a prescribed fee for issuance of each warrant but receives nothing for his denial of a warrant, held to effect a violation of the protections afforded appellant by the Fourth and Fourteenth Amendments. In such a situation, the defendant is subjected to judicial action by an officer of the court who "has a direct, personal, substantial, pecuniary interest," Tumey v. Ohio, 273 U.S. 510, 523, in his decision to issue or deny the warrant.

237 Ga. 203, 227 S.E.2d 352, vacated and remanded.