The opinion of the court was delivered by: HERMAN
This action was initiated on March 21, 1978 by the filing of a complaint alleging violation of Plaintiff's civil rights under 42 U.S.C. § 1983. On October 29-31, 1979 we conducted the nonjury trial of this matter. At the conclusion of their presentation of evidence, counsel for both sides were given fifteen days in while to file suggested findings of fact and conclusions of law. Both parties have properly filed their suggested findings. Upon our consideration of the testimony and exhibits presented to us in the trial, we believe that judgment should be entered for the Defendants.
1. Plaintiff Gary A. Dolan is an inmate of the State Correctional Institution in Pittsburgh, Pennsylvania.
2. Defendant Eugene C. Golla is a police officer employed by the Borough of Berwick, and was so employed on March 30, 1977.
3. Defendant Mark E. Travelpiece was associated with the Berwick Police Department on March 30, 1977 as a student observer pursuant to an agreement between Travelpiece and the Borough that provided, Inter alia, for his supervision by the Borough's chief of police.
5. Travelpiece was not issued any police equipment.
6. Sometime late in the afternoon or early in the evening of March 30, 1977, Dolan parked a black Chevrolet van on Hillside Drive in the Borough of Berwick.
7. Dolan walked from the van to his parents' residence in nearby apartments and remained there until sometime after 11:00 p. m.
8. Dolan carried a sack with something in it as he walked from the van.
9. Travelpiece began work on March 30, 1977 at approximately 5:00 p. m.
10. In the early evening of March 30, 1977, the Berwick Police Department received calls expressing concern with the black van parked on Hillside Drive and its occupant, who was seen leaving the van.
11. Travelpiece accompanied Officer Hampton of the Berwick Police Department to inspect the van in response to the calls.
12. When Golla came on duty on March 30, 1977, he and Hampton went to Hillside Drive and inspected the van.
13. Golla and Hampton found the doors of the van were locked, but they saw the contents of the van through its windows with the aid of a flashlight.
14. Golla noted that the van was parked in front of a home whose owner was absent and that the van contained tools frequently used in thefts of automobiles.
15. Upon his return to the police station, Golla telephoned the Bloomsburg Police Department and learned that the driver of the van was probably Dolan and that the Bloomsburg police were interested in his activities because he was a parolee.
16. At approximately the same time that he called Bloomsburg, Golla determined that there were no outstanding warrants for the arrest of Dolan.
17. Neither Golla nor any other member of the Berwick Police Department applied for a warrant to search the van.
18. Golla and Travelpiece then resumed their regular patrol, although they returned to the Hillside Drive area ...