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UNITED STATES EX REL. SANTOS v. NEW YORK STATE BD. OF PAR.

No. 793, Docket 35169.

441 F.2d 1216 (1971)

UNITED STATES of America ex rel. Crispin SANTOS, Relator-Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

United States Court of Appeals, Second Circuit.

Decided May 13, 1971.

Attorney(s) appearing for the Case

Joel Berger, New York City (Milton Adler, The Legal Aid Society, New York City, on the brief), for relator-appellant.

Joel H. Sachs, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Frank I. Strom II, Deputy Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY and ANDERSON, Circuit Judges, and LEVET, District Judge.

LEVET, District Judge:

The question for review in this case is whether the appellant, a parolee under the custody of the New York State Board of Parole, was deprived of his Fourth Amendment rights by a search of his residence in Hempstead, New York, without a warrant, conducted by his parole officer in the presence of a police officer after which evidence seized was used by the police for purposes of a new prosecution rather than for the revocation of appellant's...

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