STATE v. BRADLEY

52077, 52078.

138 Ga. App. 800 (1976)

227 S.E.2d 776

THE STATE v. BRADLEY. THE STATE v. McSWINEY.

Court of Appeals of Georgia.

Decided May 7, 1976.

Rehearing Denied June 16, 1976.

Rehearing Denied May 27, 1976.


Attorney(s) appearing for the Case

F. Larry Salmon, District Attorney, Wallace W. Rogers, Jr., Assistant District Attorney, for appellant.

Jones, Robbins & MacLeod, James A. Robbins, Jr., for appellee (case no. 52077).

Smith, Shaw, Maddox, Davidson & Graham, Groze Murphy, Jr., for appellee (case no. 52078).


DEEN, Presiding Judge.

1. "The law requires that the question of probable cause for the issuance of the search warrant must be independently determined by a neutral and detached magistrate and not by the officer engaged in the often competitive enterprise of ferreting out crime." Patterson v. State, 126 Ga.App. 753, 755 (191 S.E.2d 584). When the facts relied upon to establish probable...

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