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

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U.S. Supreme Court

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

Connally v. Georgia

No. 76-461

Decided January 10, 1977

429 U.S. 245

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, 273 U. S. 523, in his decision to issue or deny the warrant.

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

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