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GUZMAN v. ESTELLE

No. 73-2626.

493 F.2d 532 (1974)

Rudolph G. GUZMAN, #215272, Petitioner-Appellee, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 1974.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen. of Texas, Lonny F. Zwiener, Joe B. Dibrell, Asst. Attys. Gen., Larry F. York, First Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

William T. Armstrong, Staff Counsel for Inmates, Texas Dept. of Corrections, Weldon, Tex., Harry H. Walsh, Atty. in Charge, Huntsville, Tex., for petitioner-appellee.

Before BROWN, Chief Judge, and AINSWORTH and MORGAN, Circuit Judges.

AINSWORTH, Circuit Judge:

This is an appeal from the district court's grant of habeas corpus relief. The sole issue raised is whether appellee's Fourth Amendment rights were violated by the admission in evidence at his state court trial of six capsules of heroin found in his possession. We hold that the capsules were properly admitted at the trial; and we reverse.

I.

On February 27, 1969, two members of the Special Services detail

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