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UNITED STATES EX REL. SAIKEN v. ELROD

No. 72 C 1097.

350 F.Supp. 1156 (1972)

UNITED STATES of America ex rel. Samuel SAIKEN, Petitioner, v. Richard J. ELROD, Sheriff of Cook County, Illinois, and/or Winston E. Moore, Executive Director of Department of Corrections of Cook County, Illinois, Respondents.

United States District Court, N. D. Illinois, E. D.

On Motions to Vacate and to Stay October 17, 1972.

Attorney(s) appearing for the Case

Peter Georges, Chicago, Ill., for petitioner.

Edward V. Hanrahan, State's Atty., William J. Scott, Atty. Gen., Chicago, Ill., for respondents.

DECISION and ORDER

McMILLEN, District Judge.

Petitioner was convicted of conspiracy to obstruct justice and is incarcerated in the Illinois State Penitentiary. He has filed an amended petition for writ of habeas corpus on the ground that the evidence by which he was convicted was obtained by a search warrant issued in violation of his rights under the Fourth Amendment to the United States Constitution. The evidence was the body of a murdered girl buried...

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