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DATZ v. KILGORE

No. 93-8223.

51 F.3d 252 (1995)

Richard Ronald DATZ, Jr., Plaintiff-Appellant, v. Gordy KILGORE, Detective; Dennis Kirkland, Detective; Cobb County Police Department, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 2, 1995.

Attorney(s) appearing for the Case

Richard Ronald Datz, Jr., pro se, Macon, GA.

Jerry Lovvorn Gentry, Carol Awtrey Callaway, Office of Cobb County Attorney Law Department, Marietta, GA, for appellees.

Before EDMONDSON and CARNES, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

This case arises from the arrest of plaintiff, Richard Datz, by defendants, Gordy Kilgore and Dennis Kirkland, members of the Cobb County Police Department. During a burglary investigation Datz consented to the search of his car by defendants. Defendants found a rifle. Because Datz was a felon, the rifle was seized; and, Datz was arrested and prosecuted for being a felon in possession of a firearm. See O.C.G.A. § 16-11-131.

During his...

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