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WEEKS v. ESTELLE

No. 75-2983.

531 F.2d 780 (1976)

Panda WEEKS, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 17, 1976.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., Kathryn Fuller, Law Clerk (pro hac vice), for respondent-appellant.

Michael A. Maness, Houston, Tex. (Court-Appointed), for petitioner-appellee.

Before COLEMAN, RONEY and TJOFLAT, Circuit Judges.

COLEMAN, Circuit Judge.

The basic issue in this appeal is whether the police had probable cause to arrest Panda Weeks and to search her car for heroin. The District Court held that probable cause did not exist. 399 F.Supp. 879. We disagree, and reverse.

Ms. Weeks was tried to a jury in state court in March, 1968, convicted of the possession of heroin, and sentenced to 30 years...

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