RAMON v. CUPP

No. 24056.

423 F.2d 248 (1970)

Peter RAMON, Jr., Appellant, v. Hoyt C. CUPP, Warden Oregon State Penitentiary, Appellee.

United States Court of Appeals, Ninth Circuit.

February 26, 1970.


Attorney(s) appearing for the Case

Herbert Titus (argued), Eugene, Or., Jonathan Ater, Portland, Or., for appellant.

Jacob B. Tanzer, David H. Blunt, Asst. Attys. Gen., Lee Johnson, Atty. Gen., State of Oregon, Salem, Or., for appellee.

Before BARNES, ELY and HUFSTEDLER, Circuit Judges.


ELY, Circuit Judge.

Ramon is an Oregon state prisoner, convicted in 1965 for the possession of marijuana. His appeals through the Oregon courts resulted in rejection of his contention that evidence introduced at his trial was seized in violation of his Fourth Amendment rights. His petition for habeas corpus in the District Court was denied after an evidentiary hearing.

On August 17, 1965, a member of the police force...

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