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429 F.2d 1321

Docket No. 22661.

Heffley v. Hocker

Ninth Circuit Court of Appeals

Decided July 13, 1970.

Ninth Circuit Court of Appeals · decided 1970-07-13

Cited by 5 later decisions — most recently August 1979

1 district · 3 state decisions

2 counsel of record

Relies on Chambers v. Maroney · Bailey v. Dixon · Hocker v. Heffley

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-07-13

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¶1James A. Heffley, James C. Martin, Carson City, Nev., for appellant.

¶2Harvey Dickerson, Atty. Gen., of Nevada, Carson City, Nev., for appellee.

¶3Before HAMLEY and MERRILL, Circuit Judges, and POWELL, District Judge.*

¶5PER CURIAM:

¶6On December 9, 1969, Judge Powell dissenting, we reversed a district court order which had denied relief in this habeas corpus proceeding and remanded the cause to the district court for further proceedings. On June 29, 1970, the United States Supreme Court, sub nom. Hocker v. Heffley, 399 U.S. 521, 90 S.Ct. 2236, 26 L.Ed.2d 780, vacated our judgment and remanded the cause to this court for further consideration in light of Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419, decided June 22, 1970.

¶7The rationale of Chambers v. Maroney requires us to hold that the search and seizure here in question was valid under the Fourth Amendment, made applicable to the states by the Fourteenth Amendment. All of Heffley’s points on appeal are predicated upon his contention, which must now be rejected, that such search and seizure was illegal. Accordingly, the order dismissing the habeas proceeding is

¶8Affirmed.

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