United States ex rel. Mayfield v. Pate

SPRECHER, Circuit Judge.

In this appeal from the denial of a habeas corpus petition,1 the issue is whether to apply the rule of United States ex rel. Pugh v. Pate, 401 F.2d 6 (7th Cir. 1968), cert. denied, 394 U.S. 999, 89 S. Ct. 1590, 22 L.Ed.2d 777 (1969). This court held in Pugh that the use of a fictitious name on an affidavit for a search warrant invalidates the warrant.

Petitioner was convicted by an Illinois court in 1964 of possession of heroin and marijuana. Most of the evidence against him was seized during the search of two apartments on September 24, 1963. The warrants for the…