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ALVAREZ v. MONTGOMERY COUNTY

No. 97-1648.

147 F.3d 354 (1998)

Everett ALVAREZ, Jr.; Tammy Alvarez; Marc Alvarez, Plaintiffs-Appellants, v. MONTGOMERY COUNTY; Douglas M. Duncan, in his individual and official capacity; Carol A. Mehrling, Chief of Police, Montgomery County, in her individual and official capacity; John P. Romack, PO III, in his individual and official capacity; Robin L. Xander, PO II, in her individual and official capacity; Linda S. Neudorfer, PO I, in her individual and official capacity; Deanna Chittick, Intern, in her individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1998.

Attorney(s) appearing for the Case

ARGUED: Patrick Joseph Smith, Patrick J. Smith & Associates, Rockville, Maryland, for Appellants. Karen Federman Henry, Principal Counsel for Appeals, Rockville, Maryland, for Appellees. ON BRIEF: Bernadette Sweeney, Patrick J. Smith & Associates, Rockville, Maryland, for Appellants. Charles W. Thompson, Jr., County Attorney, Linda B. Thall, Chief Counsel, Division of Special Projects, Rockville, Maryland, for Appellees.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge FRIEDMAN joined.

OPINION

WILKINSON, Chief Judge:

This appeal involves constitutional and state law claims by Everett, Tammy, and Marc Alvarez against several police officers employed by Montgomery County, Maryland. The Alvarezes argue principally that the officers' warrantless entry into the backyard of their home violated the Fourth Amendment...

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