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DiPAOLA v. RIDDLE

No. 77-1293.

581 F.2d 1111 (1978)

Ronald Augustus DiPAOLA, Appellant, v. Walter RIDDLE, Superintendent, Virginia State Penitentiary, James D. Swinson, Sheriff, Fairfax County, William J. Powell, Sheriff, Sussex County, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1978.

Attorney(s) appearing for the Case

John Kenneth Zwerling, Richmond, Va. (J. Flowers Mark, Alexandria, Va., on brief), for appellant.

Jerry P. Slonaker, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and THOMSEN, Senior District Judge.

HAYNSWORTH, Chief Judge:

Prior to and during the trial in the state court for the possession of marijuana with the intention of distributing it, DiPaola sought the suppression on constitutional grounds of marijuana that had been seized. At that time, however, he did not object to the search on the ground that there had been a "no knock" entry of the house and no announcement that the ununiformed intruders were policemen. DiPaola had been in the basement of the house...

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