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MANN v. SMITH

No. 71-1932.

488 F.2d 245 (1973)

Thomas Richard MANN, Petitioner-Appellant, v. Stewart C. SMITH, Chief Probation Officer, San Bernardino County, and Lowell E. Lathrop, District Attorney, San Bernardino County, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 15, 1973.

Certiorari Denied February 19, 1974.

Attorney(s) appearing for the Case

Robert F. Mann, (argued), of Gilbert, Mann & Sarno, Santa Monica, Cal., for petitioner-appellant.

Russell Iungerich, Deputy Atty. Gen. (argued), Evelle J. Younger, Atty. Gen., Daniel W. McGovern, Deputy Atty. Gen., Los Angeles, Cal., Lowell E. Lathrop, Dist. Atty., San Bernardino, Cal., for respondents-appellees.

Before BARNES and WALLACE, Circuit Judges, and ENRIGHT, District Judge.

Certiorari Denied February 19, 1974. See 94 S.Ct. 1445.

WALLACE, Circuit Judge:

The State of California charged Mann with possessing marijuana and maintaining a place for use of narcotics (Cal.Health & Safety Code §§ 11530, 11557). He pleaded not guilty and moved to suppress the marijuana seized at his home, charging violation of his Fourth Amendment rights.

His motion was denied after an evidentiary hearing in the state trial court....

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