Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial?
MultiRegion, United States of America
The following excerpt is from Tisnado v. U.S., 547 F.2d 452 (9th Cir. 1976):
Thus, according to Stone v. Powell, a federal court may not grant either 2254 or 2255 habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced, respectively, at a state or federal trial where the defendant was provided an opportunity to litigate fully and fairly his fourth amendment claim before petitioning the federal court for collateral relief.
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