Vaughn v. State

Carley, Judge.

Appellant was convicted of violating the Georgia Controlled Substances Act, Code Ann. § 79A-801 et seq. On appeal, appellant contends that the trial court erred in denying his motion to suppress evidence that had been seized during a search of his residence pursuant to a warrant issued by Judge Billy Broom, a justice of the peace. Appellant attacks the validity of this search warrant asserting that Judge Broom was not a neutral and detached magistrate as required by the Fourth and Fourteenth Amendments of the United States.

The evidence adduced at the motion to suppress hearing…