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HILLEARY v. WALLACE

No. 75-1177.

519 F.2d 786 (1975)

Richard Allen HILLEARY, Appellant, v. William O. WALLACE, Acting Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 9, 1975.

Attorney(s) appearing for the Case

H. Lane Kneedler, Charlottesville, Va. [court-appointed counsel] and (Charles L. Howard [third-year law student] on brief), for appellant.

Betty L. Caplan, Asst. Atty. Gen. of W. Va. (Chauncey H. Browning, Jr., Atty. Gen. of W. Va., Richard E. Hardison, Deputy Atty. Gen. of W. Va., and Fredric J. George, Asst. Atty. Gen. of W. Va., on brief), for appellee.

Before RUSSELL, FIELD and WIDENER, Circuit Judges.

PER CURIAM:

The State prisoner in this habeas proceeding1 contends that his constitutional rights were violated in the warrantless search of his automobile, and in the admission of identification testimony by one of the investigating officers in the course of his State trial, which resulted in his conviction for breaking and entering.

It is clear that the circumstances in the case were such as to justify a seizure of the petitioner...

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