WEAVER v. WILLIAMS

No. 74-1608.

509 F.2d 884 (1975)

Carlton Oscar WEAVER, and Ronald Eugene All, Appellants, v. G. R. WILLIAMS, Superintendent, North Carolina Department of Correction, Yanceyville, North Carolina, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1975.


Attorney(s) appearing for the Case

Gerald Alch, Boston, Mass., and Thomas W. H. Alexander, Raleigh, North Carolina, on brief for appellant.

James H. Carson, Jr., Atty. Gen. of North Carolina, and Richard N. League, Asst. Atty. Gen., North Carolina, on brief for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and CRAVEN, Circuit Judge.


CRAVEN, Circuit Judge:

This is a motor-vehicle-search-without-a-warrant case. The fourth amendment does not forbid searches without warrants. It only forbids unreasonable searches. Because we conclude that this search by a state highway patrolman was wholly reasonable under the circumstances, we affirm the district court's denial of habeas relief to the petitioning state prisoners.

At 7:20 a. m. on March 20, 1971, Virginia state highway patrolman S. R. Vaughn...

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