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U.S. v. MIDGETTE

No. 05-4765.

478 F.3d 616 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas Omar MIDGETTE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 2007.

Attorney(s) appearing for the Case

ARGUED: Devon L. Donahue, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Jennifer P. May-Parker, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER and Judge SHEDD joined.

OPINION

NIEMEYER, Circuit Judge.

While Nicholas Omar Midgette was on probation for two North Carolina criminal convictions, New Bern city police officers, under the direction and supervision of Midgette's probation officer, conducted warrantless searches for contraband of his person, vehicle, and house. The police officers found three firearms...

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