Frank J. Capozzi v. United States
CriminalProcedure Privacy
Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements
QUESTION(S) PRESENTED J. Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements that Magistrate Judge Richard Cronauer relied on as substantial in the Affiant’s Affidavit of Probable Cause to issue the search warrant, thus violating both the Pennsylvania Constitution and the Fourth Amendment of the Constitution of the United States? Suggested answer: Yes. II. Does the fact pertaining to an issue of fraudulent, deceptive, , misleading, and omitted statements warrant a Franks Hearing to rectify the statements of the Affidavit of Probable Cause? | | Suggested answer: Yes. ; III. Does the fact that the Pennsylvania Office of the Attorney General’s Special Agent, Douglas Hilyard, use of fraudulent, deceptive, misleading, and omitted statements in the Affiant’s Affidavit of Probable Cause to issue the search warrant, as well as, his evasive omissions and elusive answers evidenced in his testimony at the suppression hearing constitute a “fraud on the court’ and a “miscarriage of justice”? , Suggested answer: Yes. . 1