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TERREBONNE v. BLACKBURN

No. 79-1680.

624 F.2d 1363 (1980)

Ricky J. Terrebonne, Petitioner-Appellant, v. Frank Blackburn, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted October 23, 1980.

Attorney(s) appearing for the Case

Donice Alverson, New Orleans, La. (Court Appointed), for petitioner-appellant.

George Troxell, New Orleans, La., for American Civil Liberties Union, amicus curiae.

Abbott J. Reeves, Asst. Dist. Atty., Gretna, La., Barbara Rutledge, New Orleans, La., for respondent-appellee.

Before GOLDBERG, FRANK M. JOHNSON, Jr. and HATCHETT, Circuit Judges.

Rehearing En Banc Granted October 23, 1980.

GOLDBERG, Circuit Judge.

On September 18, 1975, Agents Machauer and Higginbothem of the Jefferson Parish, Louisiana, Sheriff's Department and a paid informant were driving through Westwego, Louisiana to purchase heroin in an undercover capacity. In the course of their search for drugs, the three drove past the residence of petitioner, Ricky J. Terrebonne, whom they knew to be a then twenty-one years-old heroin addict...

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