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UNITED STATES EX REL. SAIKEN v. ELROD

September 28, 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.



The opinion of the court was delivered by: McMILLEN, District Judge.

DECISION and ORDER

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 on petitioner's farm.

The affidavit for search warrant stated as follows:

  "State of Indiana   }
                      }ss:
  County of Porter    }

Before the Hon. Harry Estler, Justice of the Peace

    In the matter of a search for a dead human body
  believed to have been illegally procured.

Docket 25, Page 420, Cause No. 10-229

    HARRY YOUNG swears that by virtue of information
  voluntarily conveyed to him by one JOEL SAIKEN on
  Tuesday, the 18th day of February, 1969, affiant has
  good reasons to believe, and does believe, that a
  dead human body, to-wit: female approximately
  seventeen (17) years of age is secreted in and about
  the following real estate in Porter County, Indiana:
    The East 1/2 of the Southeast 1/4 of the Southwest
    1/4 of Section 17, Township 37 North, Range 5 West
    of the Second Principal Meridian, containing about
    20 acres more or less,
  said real estate being the property of Sam D. and
  Minnie Saiken, said dead body being secreted in the
  following place and manner, to-wit: buried beneath
  the ground behind the goose house on said premises,
  originally buried under or near a manure pile located
  behind or near the goose house on said premises, said
  manure pile subsequent thereto having been removed.
    Under and according to the provisions of Acts 1905,
  page 169, paragraph 61, the same being codified at
  Burns, Indiana Statutes 9-607 [IC 1971, 35-1-6-6],
  that the Honorable Judge of this Court, taking with
  him such constables and police officers as he shall
  designate, enter, inspect and search said premises
  for such dead female human body as soon as may be
  reasonably convenient to said Court and said judge.

Further affiant sayeth not.

            HARRY YOUNG
            Harry Young, Affiant
    Subscribed and sworn to before me, on this 19th day
  of ...

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