Robert Fixel v. Louie L. Wainwright

INGRAHAM, Circuit Judge:

Petitioner Robert Fixel appeals from the district court’s dismissal of his petition for a writ of habeas corpus. Fix-el’s claim is that his conviction was based on evidence obtained as a result of an illegal search and seizure.

In late April 1970 Detective Sergeant - Joseph A. Valdes procured a search warrant to search petitioner’s home, an apartment in a four-unit apartment building, in Key West, Florida. Valdes, accompanied by Deputy Sheriff Sergeant George Knapp, proceeded to petitioner’s home to execute the warrant. When the officers arrived, Valdes instructed Knapp…