Jacob D. Lickers v. United States
HabeasCorpus CriminalProcedure
May a search warrant affiant be excused under the Good Faith Exception when intentionally withholding critical information about prior state court suppression from a federal magistrate?
QUESTIONS PRESENTED FOR REVIEW 1. May a search ‘warrant affiant take advantage of the Good Faith Exception under Leon when he or she lacks subjective good faith when submitting an affidavit that lacks probable . cause? ; 2. When a search warrant affiant demonstrates subjective bad faith by including information that he or she knows either was -or was probably -illegally obtained due to previous state court suppression after a full Franks hearing, may he or she be excused and the Good Faith Exception applied when in a later federal criminal proceeding the information was subsequently ruled to have been lawfully obtained? 3. Does intentionally withholding from a federal magistrate the fact that critical information in a search warrant affidavit was previously suppressed in a state court constitute bad faith under Leon? 4. Must a federal magistrate consider whether the information contained in a search warrant was lawfully obtained prior to issuing the warrant? 5. Was it ineffective assistance under Strickland for Mr. Lickers' counsels to fail to argue lack of good faith when the affiant intentionally withheld from the federal magistrate that the facts in support of the application had been previously suppressed in state court after a full Franks hearing?