United States v. John Allen Gearhart

SOBELOFF, Chief Judge:

John Allen Gearhart was convicted by a jury on two counts of interstate transportation of fraudulent money orders and one count of interstate transportation of forgery tools. 1 21 He claims in this appeal that the search of his automobile and its contents violated the Fourth Amendment to the Constitution of the United States because the underlying search warrant upon which the officers relied was invalid on its face. His contention is that, the Government having relied at the trial upon a search warrant which it now concedes to have been defective, the search may not be…