United States of America Ex Rel. James v. Placek v. State of Illinois

BAUER, Circuit Judge.

Petitioner-appellant Placek, who was convicted of theft in a bench trial before an Illinois court, brings this appeal from the district court’s dismissal of his petition for a writ of habeas corpus without an evidentiary hearing. He argues on appeal that his petition should be granted or, in the alternative, remanded for an evidentiary hearing.

*1300Placek contends (1) that evidence obtained following an arrest made without a warrant or probable cause was illegally used in his trial, (2) that statements used against him at trial should have been suppressed because he was not…