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STATE OF TEXAS v. GONZALES

No. 24715.

388 F.2d 145 (1968)

The STATE OF TEXAS et al., Appellants, v. Salvador GONZALES, Appellee.

United States Court of Appeals Fifth Circuit.

January 15, 1968.

Attorney(s) appearing for the Case

Robert E. Owen, Lonny F. Zwiener, Asst. Attys. Gen., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., R. L. Lattimore, Howard M. Fender, Asst. Attys. Gen., Austin, Tex., for appellants.

Joel Jay Finer, Stanford, Cal., for appellee.

Before JONES, WISDOM and THORNBERRY, Circuit Judges.

THORNBERRY, Circuit Judge:

This appeal from the granting of habeas relief to a state convict presents another opportunity for judicial construction of the fourth-amendment guarantee against unreasonable search and seizure. See generally, Landynski, Search and Seizure and the Supreme Court (1966). On June 27, 1964 at 8 P.M. Lieutenant Gann of the Austin Police Department summoned three other police officers to 206 Elkhart Street, Austin, Texas, and established a surveillance...

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