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UNITED STATES v. WORKMAN

No. 77-1884.

585 F.2d 1205 (1978)

UNITED STATES of America, Appellee, v. Perlie Donald WORKMAN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1978.

Rehearing Denied December 4, 1978.

Attorney(s) appearing for the Case

Sam J. Ervin, Jr., and Joe K. Byrd, Morganton, N.C., for appellant.

Phillip G. Kelley, Asst. U.S. Atty., Charlotte, N.C. (Harold M. Edwards, U.S. Atty., Asheville, N.C., and Susan S. Craven, Asst. U.S. Atty., on brief), for appellee.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.

BUTZNER, Circuit Judge:

Perlie Donald Workman appeals from the district court's order revoking his probation. We vacate the order and remand the case for further proceedings because revocation was based on evidence obtained by searches that violated the fourth amendment.

I

Workman was convicted in May of 1973 on his guilty pleas to two counts of an indictment charging possession of a distillery and bootleg whiskey. The court suspended his sentences...

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