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4th Amendment violation

By: Derek Hawkins//July 26, 2016//

4th Amendment violation

By: Derek Hawkins//July 26, 2016//

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7th Circuit Court of Appeals

Case Name: Vonzell White v. City of Chicago, et al

Case No.: 15-1280

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: 4th Amendment violation

Sworn testimony of officer sufficient evidence to establish probable cause and officer provided sufficient evidence to obtain warrant.

“White alleged in his amended complaint: “In accordance with a widespread practice of the police department of the City of Chicago: O’Donnellrequested the judge to issue a war‐ rant on the basis of O’Donnell’s conclusory allegation that other law enforcement officers claimed or believed plaintiff had committed an offense, and O’Donnell did not present the judge with an affidavit setting out any affirmative allegation of facts that would indicate that plaintiff had committed an offense.” Together with the individual claim against O’Donnell and the standard printed form that does not require specific factual support for an application for an arrest warrant, this allegation was enough to satisfy the “short and plain statement of the claim” requirement of Rule 8(a)(2). White was not required to identify every other or even one other individual who had been arrested pursuant to a warrant obtained through the complained‐of process. See, e.g., Jackson v. Marion County, 66 F.3d 151, 152–53 (7th Cir. 1995).”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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