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SMITH v. SLAYTON

No. 72-1847.

484 F.2d 1188 (1973)

William Raymond SMITH, Appellee, v. A. E. SLAYTON, Jr., Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1973.

Attorney(s) appearing for the Case

William A. Carter, III, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen. of Virginia, on brief), for appellant.

Barry Nakell, Chapel Hill, N.C., [court-appointed counsel] for appellee.

Before CRAVEN, BUTZNER, and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

This appeal questions whether the admission into evidence of a bloodstained seat cover, taken from William Raymond Smith's automobile without a search warrant, violated his rights under the fourth and fourteenth amendments. The district court, relying on Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), held the evidence was unlawfully seized. We reverse.

On August 27, 1964...

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