Justin David Martin v. United States
CriminalProcedure
Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record constitutes structural error
QUESTIONS PRESENTED 1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the admission of evidence without making such search warrant part of the formal record of the United States District Court by filing it with the District Court? Does the virtually universal practice of federal prosecutors of obtaining state search warrants, then using those state search warrants in federal prosecutions without filing those state search warrants with the District Court, constitute structural error as said warrants usually are critical to the outcome of the case? 2. Can structural error be waived? ii