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BUONOCORE v. HARRIS

Nos. 96-1847, 96-1984 and 96-1986.

134 F.3d 245 (1998)

Daniel G. BUONOCORE, Plaintiff-Appellant, v. Donald L. HARRIS, Special Agent, Bureau of Alcohol, Tobacco, and Firearms; David R. Cundiff, Deputy Sheriff, Franklin County Sheriff's Department; United States of America, Defendants-Appellees, and Chesapeake & Potomac Telephone Company of Virginia; James D. Thompson, Assistant Manager, Chesapeake and Potomac Telephone Company of Virginia; Linda Sue Taylor, Defendants. Daniel G. BUONOCORE, Plaintiff-Appellee, v. Donald L. HARRIS, Special Agent, Bureau of Alcohol, Tobacco, and Firearms, Defendant-Appellant, and David R. Cundiff, Deputy Sheriff, Franklin County Sheriff's Department; Chesapeake & Potomac Telephone Company of Virginia; James D. Thompson, Assistant Manager, Chesapeake and Potomac Telephone Company of Virginia; Linda Sue Taylor; United States of America, Defendants. Daniel G. BUONOCORE, Plaintiff-Appellee, v. David R. CUNDIFF, Deputy Sheriff, Franklin County Sheriff's Department, Defendant-Appellant, and Donald L. Harris, Special Agent, Bureau of Alcohol, Tobacco, and Firearms; Chesapeake & Potomac Telephone Company of Virginia; James D. Thompson, Assistant Manager, Chesapeake and Potomac Telephone Company of Virginia; Linda Sue Taylor; United States of America, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1998.

Attorney(s) appearing for the Case

ARGUED: John Thomas Boitnott, Rock Mount, VA, for Appellant. Elizabeth Kay Dillon, Woods, Rogers & Hazlegrove, Roanoke, VA, for Appellee Cundiff; Richard Albert Lloret, Office of the United States Attorney, Abingdon, VA, for Appellees Harris and United States. ON BRIEF: Terry N. Grimes, King, Fulghum, Snead, Nixon & Grimes, P.C., Roanoke, VA, for Appellant. Robert P. Crouch, Jr., Office of the United States Attorney, Abingdon, VA, for Appellees Harris and United States.

Before HAMILTON, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge HAMILTON joined. Judge WILLIAMS wrote a concurring opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

A homeowner, Daniel G. Buonocore, filed this action, alleging that two law enforcement officers, Donald L. Harris and David R. Cundiff, violated his Fourth Amendment rights when, after obtaining a warrant to search Buonocore's home for illegal weapons, they...

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