State v. Patterson

Birdsong, Judge.

The state appeals the grant of defendant’s motion to suppress certain evidence. The court granted the motion in accordance with principles enunciated in Connally v. Georgia, — U. S. — (97 SC 546, 50 LE2d 444) (1977), wherein the United States Supreme Court held that the issuance of a search warrant by a justice of the peace effected a violation of the protections afforded by the Fourth and Fourteenth Amendments of the United States Constitution. The state asserts that the court erred in applying the Connally decision retroactively. Held:

Reversed. The retroactive application of…