Frank J. Capozzi v. United States
CriminalProcedure Privacy
I. 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?
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?
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 9 and a "miscarriage of justice 9*!
Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements