Steven Vincent Smith v. United States
DueProcess HabeasCorpus CriminalProcedure Privacy JusticiabilityDoctri
Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonable pursuant to the Fourth Amendment), mandate suppression of evidence recovered in that search?
QUESTIONS PRESENTED 1. Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonable pursuant to the Fourth Amendment), mandate suppression of evidence recovered in that search? (Question of First Impression) 2. Can good faith be granted to the officer who prepared | the warrant application leading to an invalid warrant, as well as preparing the invalid warrant for signature, committing perjury in the process, resulting in a warrantless search? (Lower Court decision contrary to Supreme Court precedent) 3. Can the application for -a:warrant_bé-used to validate a facially deficient warrant, found to be violative of the Fourth Amendment and void ab initio, in an effort to find good faith on the part of the officer who prepared and submitted the facially deficient warrant? (Lower Court decision contrary to Supreme Court precedent) 4. Does Stone v. Powell, 428 U.S.465, 49 L.Ed. 2d 227, 96 S.Ct. 3037 (1976) overturn the Supreme Court's decision in ; Kaufman v. United States, 394 U.S. 217, 22 L.Ed. 2d 227, 89 S.Ct. 1068 (1969), as it pertains to raising questions of Fourth Amendment violations in cases filed under 18 U.S.C. 2255? (Circuit conflict) : (i) 1 4 . 5. Can the claim of "public record" be used to excuse the failure of the Prosecution to provide Brady material, when the public record is unknown to the Defendant and contained in another Defendant's file in another Circuit? (Question of First Impression): i (ii) : ; ie By Py