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FISHER v. VOLZ

Nos. 73-1234, 73-1235.

496 F.2d 333 (1974)

Marian FISHER et al. v. Christian J. VOLZ, Individually and in his capacity as Captain in the Newark Police Department of the City of Newark, New Jersey, et al., Appeal of Bernice BASS et al., in No. 73-1234. Appeal of Christian J. VOLZ and John Elliott Curtis, in No. 73-1235.

United States Court of Appeals, Third Circuit.

Supplementation of Record Completed March 21, 1974.

Decided April 15, 1974.

As Amended May 3, 1974.

Attorney(s) appearing for the Case

Morton Stavis, Peter A. Buchsbaum, Newark, N. J., for appellants.

William H. Walls, William E. James, Salvatore Perillo, Newark, N. J., for appellees.

James R. Zazzali, Zazzali & Zazzali, P. A., Newark, N. J., for defendants-cross-appellants, Volz and Curtis.

Before VAN DUSEN, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises serious questions concerning the right of privacy and the constitutionality of house-to-house police searches without search warrants for a suspect for whom the police have an arrest warrant. The disposition of the appeal involves a balancing of the duty of police officers to search for and arrest those who commit crime and the right of innocent citizens to be secure in the privacy of their homes...

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