Steven Vincent Smith v. United States
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?
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?