Abel Gonsalves, Petitioner-appellant, v. Walter E. Craven, Warden, et al., Respondents-appellees, 426 F.2d 299 (9th Cir. 1970)

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U.S. Court of Appeals for the Ninth Circuit - 426 F.2d 299 (9th Cir. 1970) April 28, 1970

Abel Gonsalves, in pro. per.

Thomas C. Lynch, Atty. Gen., Doris Maier, Asst. Atty. Gen., David Cunningham, Deputy Atty. Gen., Sacramento, Cal., for respondents-appellees.

Before CHAMBERS, HAMLEY and DUNIWAY, Circuit Judges.

PER CURIAM.


The order of the district court denying habeas corpus relief on the state conviction of Gonsalves is affirmed.

The case was pre-Miranda, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694, but after Escobedo, 378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977. We find that the facts do not run afoul of Escobedo.

Under all of the facts of the case, we conclude the search to which Gonsalves objects was proper.

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