Arthur L. Oliver, Warden, California State Prison v. Maurice E. Bowens

JOHNSEN, Circuit Judge.

Bowens, a California prisoner, after exhausting state remedies, was granted a federal writ of habeas corpus, and the warden of the prison, oh certificate of probable cause issued by the district judge, has appealed. We affirm.

The basis relied on by Bowens for relief was the alleged illegality of the two searches and seizures underlying his conviction — one made of his person and the other of his apartment. The conviction involved was for the offense under California law of possessing marijuana— here four marijuana cigarettes. Two of the cigarettes had been taken by the…