Unel Harris v. Frank Blackburn, Warden

GOLDBERG, Circuit Judge:

The prior opinion of April 13,1981 in this case is withdrawn and the following opinion is substituted therefor.

Unel Harris petitioned the District Court for the Eastern District of Louisiana for a writ of habeas corpus. Upon the recommendation of a magistrate, the district court denied the writ. We reverse.

The facts in the case are not in dispute. While responding to a call, two policemen discovered an automobile, idling with its lights on, blocking the street. Upon inspection, the officers found two occupants, Martin Thibodeaux in the driver’s seat and appellant…