No. 23-5378

Frank J. Capozzi v. United States

Lower Court: Third Circuit
Docketed: 2023-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation fourth-amendment franks-hearing fraud-on-court fraud-on-the-court miscarriage-of-justice probable-cause search-warrant
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2023-10-06
Question Presented (from Petition)

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*!

Question Presented (AI Summary)

Was the State search warrant obtained based on fraudulent, deceptive, misleading, and omitted statements

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-08
Waiver of right of respondent United States to respond filed.
2023-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2023)

Attorneys

Frank J. Capozzi
Frank James Capozzi — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent