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?

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?