No. 23-6193

Steven Vincent Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-12-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search
Latest Conference: 2024-03-28 (distributed 2 times)
Question Presented (from Petition)

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?

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?

3. Can the application for a warrant be 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?

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?

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 Presented (AI Summary)

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?

Docket Entries

2024-04-01
Rehearing DENIED.
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-01-24
Petition for Rehearing filed.
2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-11
Waiver of right of respondent United States to respond filed.
2023-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 8, 2024)

Attorneys

Steven Vincent Smith
Steven Smith — Petitioner
United States
Elizabeth B. Prelogar — Respondent