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MARRIOTT BY AND THROUGH MARRIOTT v. SMITH

No. 90-1879.

931 F.2d 517 (1991)

Nicole A. MARRIOTT, By and Through Her Next Friend, Jacqueline MARRIOTT, Appellee, v. Gary SMITH, Sheriff of Morgan County, Missouri, Appellant, Lacey Bradhurst, Max Middleton, Warren Anderson, Joann Rumbo, Appellant, Terry Prewitt, Richard Hanrahan, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 1, 1991.

Rehearing and Rehearing Denied June 17, 1991.

Attorney(s) appearing for the Case

Robert L. Hawkins, III, Jefferson City, Mo., for appellant.

Mark A. Ludwig, Jefferson City, Mo., for appellee.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

Rehearing and Rehearing En Banc Denied June 17, 1991.

JOHN R. GIBSON, Circuit Judge.

This case treats the narrow question of whether the prison visitor exception to the fourth amendment's search warrant requirement applies to the search of a person who has already finished her visit to the jail and is no longer in a position to smuggle contraband into the jail. The district court1 ruled that the exception does not apply to such...

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