Porter v. Ashmore

CRAVEN, Circuit Judge:

Lynn Porter was convicted of occupying a house containing gambling paraphernalia in violation of S.C. Code of Laws § 16-515(2) (1962). The South Carolina Supreme Court affirmed his conviction. State v. Porter, 251 S.C. 393, 162 S.E.2d 843 (1968), cert. denied, 393 U.S. 1079, 89 S.Ct. 859, 21 L.Ed.2d 773 (1969). On petition for a writ of habeas corpus, the district court adjudged Porter’s conviction unconstitu*1188tional on the ground that a search of his home incident to the arrest was over-broad. The court held that the unconstitutional search, in turn, required the…