BROWN v. BETO

No. 72-1405.

468 F.2d 1284 (1972)

Kenneth Jordan BROWN, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 11, 1972.


Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Texas, Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Joe C. Shaffer, Houston, Tex., for petitioner-appellee.

Before GEWIN, THORNBERRY and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 11, 1972.

GEWIN, Circuit Judge:

At approximately 9:15 p. m. on the evening of March 11, 1966, nine Houston police officers, carrying a valid search warrant and firearms, entered a downtown drugstore of which Kenneth Jordan Brown was the manager. The warrant authorized a search for narcotics, and the affidavit upon which it was issued named Brown as the possessor of the suspected contraband. The doors of the store...

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